Lights Out On Lighting Up

Since 1st July 2007 all enclosed and substantially enclosed public places and workplaces must be smoke free. The move to protect people from the effects of second hand smoke is part of a wider plan to promote better health and well being.

While the ban on smoking in public places has had the greatest impact on the hospitality sector, all workplaces will be affected.

Employers, managers and those in charge of smokefree premises and vehicles must :

display 'no smoking' signs in smokefree premises,
take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
ensure that no one smokes in smokefree premises or vehicles

You may also want to take these supportive measures:

remove ashtrays from smokefree areas
develop a smokefree policy in consultation with staff
provide your staff and customers with support to quit smoking
ensure that your staff and customers know where they can smoke if they choose to

What about a smoking shelter?

There is no legal requirement to provide smoking shelters, but if you are considering this please check with Wealden's Planning Officers as you may well require planning permission, particularly if the shelter will be a fixed structure, or if your premises is a listed building.

If you provide an outside smoking shelter or area, you will also need to be sure it is not "enclosed" or "substantially enclosed" under the definitions in the smokefree regulations.

Does the law apply to pubs and clubs that don't sell food?

The law applies to all pubs and clubs. Whether you run a pub, restaurant, cinema, betting office or a shop smoking will not be permitted inside the premises.

What are the penalty amounts?

The Government has set the following penalties and fines:

Smoking in a smokefree premises or vehicle: a fixed penalty notice of £50 or a fine not exceeding level 1 on the standard scale (up to £200)
Failure to display no smoking signs in smokefree premises and vehicles as required by smokefree legislation: a fixed penalty notice of £200 or a fine not exceeding level 3 on the standard scale (up to £1000)
Failing to prevent smoking in a smokefree premises or vehicle: a fine not exceeding level 4 on the standard scale (up to £2500)

Enclosed premises

Premises are considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.

Substantially enclosed premises

Premises are considered to be substantially enclosed if they have a ceiling or roof, but there are openings in the walls which are less than half of the total area of walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be opened or shut.