BRIEFING PAPER
SMOKE FREE LEGISLATION
Smoke free premises are now a requirement under the Health Act 2006.
England, Wales and Northern Ireland will introduce specific Regulations to implement the requirements of the Act.
WHAT ARE THE MAIN REGULATIONS?
· The Smoke-free (Premises and Enforcement) Regulations 2006
· The Smoke-free (Signs) Regulations 2007
· The Smoke-free (Penalties and Discounted Amounts) Regulations 2007
· The Smoke-free (Exemptions and Vehicles) Regulations 2007
Similar titled Regulations will be enacted in Wales and Northern Ireland.
WHAT ARE THE IMPLEMENTATION DATES?
Wales : 2 April 2007
Northern Ireland : 30 April 2007
England : 1 July 2007
WHAT WILL THE LAW BE?
As from the relevant implementation date, the effect of the law will be that:-
Employers, employees, customers, visitors and anyone else, will not be allowed to smoke within the business or organisation’s premises if these are enclosed or substantially enclosed, including in former smoking rooms. There will be very few exemptions to the smoking ban. The new laws will apply to all workplaces, public places and work vehicles.
WHAT ARE THE PENALTIES FOR NON-COMPLIANCE?
Failure to comply with the law will be a criminal offence. Fines and penalties will be:-
· Individuals will be liable to fixed penalty notices, imposing fines of £50 for smoking in a smoke free premises or a vehicle. The £50 fine will be reduced to £30 if paid within 15 days.
· If individuals are prosecuted in Court, fines could be £200.
· Fixed penalty notices of £200 will be imposed on the Manager or person in control of the premises (or a vehicle) for failing to display No Smoking signs. The £200 fine will be reduced to £150 if paid within 15 days. In cases of prosecution and conviction, fines can be up to £1,000.
· The Manager or person in control of the premises (or a vehicle) could be fined up to £2,500 for failing to prevent others from smoking in their premises.
WHO WILL ENFORCE THE LAW?
Authorised Officers of the Local Authority.
Likely to be EHO’s and Trading Standards Officers, but could also be Licensing Officers or others recruited especially for the purpose.
When?
At all times. The law is in force 24/7.
How will they select premises to inspect?
Probably during routine statutory inspections. Members of the public will be able to phone a “hotline” to report premises where the law is being flaunted.
PLACES WHERE THE LAW WILL APPLY
All public places, including workplaces and premises where voluntary work is carried out, will be required to be smoke free in order to protect staff and the public against the risks to health posed by second-hand smoke.
The law relates to enclosed or substantially enclosed public places.
The law also applies to vehicles where they are used to transport the public or other employees at any time.
WHAT DOES “ENCLOSED” MEAN?
Premises will be considered enclosed if they have a ceiling or roof (either a fixed or moveable device or structure) and except for doors, windows or passageways are wholly enclosed, whether on a permanent or temporary basis.
WHAT DOES “SUBSTANTIALLY ENCLOSED” MEAN?
Premises will be considered substantially enclosed if they have either a ceiling or roof (either a fixed or moveable structure or device) but there are openings in the walls which are less than half of the total area of walls.
The definition includes other structures which act as walls and constitute the perimeter of premises. When determining the area of an opening no account should be taken of openings in which doors, windows or other fittings can be opened or shut.
PLACES THAT ARE EXEMPT
Private dwellings - unless any part of that house is used as a work room into which others can come who do not live at the dwelling, or the area is communal e.g. stairwells.
Vehicles – used for private purposes e.g. only transporting family/friends.
Designated rooms – in adult residential care homes, adult hospices and residential mental health treatment settings.
Designated bedrooms – in a hotel, guest house, inn, hostel or membership club – hotels etc can designate one or more bedrooms as rooms in which smoking is permitted.
Hotels etc do not have to offer designated bedrooms if they don’t want to.
Artistic performances - where the artistic integrity of the performance makes it appropriate for a person taking part in the performance to smoke (unless in Northern Ireland).
Specialist Tobacco Shops – where persons use it to sample cigars and pipe tobacco.
Designated rooms – in offshore installations. Designated rooms in research and testing facilities.
Any room designated to be exempt from smoke free legislation must be designated in writing.
SIGNAGE
In order to comply with the law, No Smoking notices and signs will have to be displayed in premises and vehicles.
A No Smoking sign complying with the Regulations for style and size must be clearly displayed in a prominent position near the entrance to premises. If a premises has more than one entrance, notices will have to be displayed at all entrances.
Signs can be individualised but must:-
· be flat and rectangular and at least 160mm x 230mm in size
· display the international no smoking sign, in red and at least 85mm in diameter
· contain a suitable legal statement about it being against the law to smoke in the premises.
SIGNS FOR PREMISES
It is against the law to smoke in these premises
Vehicles used for transporting the public or other employees must also display No Smoking signs in a prominent position in each compartment of the vehicle.
SIGNS FOR VEHICLES
Where premises have separate entrances for staff only, a smaller No Smoking symbol sign needs to be displayed, provided other signs are available in the premises which clearly indicate that it is against the law to smoke in the premises.
If the smoke free premises is located within a larger premises e.g. a retail shop inside a shopping centre, then only the smaller, international No Smoking symbol needs to be displayed.
SMOKE FREE POLICY
It is recommended that all employers introduce an ambiguous Smoke-Free Policy which clearly states that the employer is complying with the law by declaring all enclosed or substantially enclosed workplaces and public places are smoke free.
It should state the disciplinary measures which will be taken if any employee disregards the law.
All employers who operate premises which are open to the public should ensure that staff have been given training on how to deal with customers/members of the public who continue to smoke in the premises.
KEEPING RECORDS
It is advisable to keep a “Smoke Free Log” so as to record any incidents where smoking in the premises has been identified and the actions taken to ensure compliance with the law.
| Document prepared by : | Pat Perry |
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Executive Chairman |
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Perry Scott Nash Associates Ltd |
| Date : | May 2007
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