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Smokefree Legislation – The Health Act 2006
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Smokefree legislation came into force in England on 1 July 2007, virtually all enclosed public places and workplaces will be required to be smokefree by law. This includes vans and vehicles used for business. A Smokefree England will ensure a healthier environment, so everyone can socialise, relax, travel, shop and work free from secondhand smoke.
Environmental Health Officers from Dudley Council will be responsible for enforcing the new legislation. We are working alongside Dudley Primary Care Trust to offer advice and practical support for employers and businesses.
To report breaches of the law ring Smokefree England National Compliance line on 0800 587 1667 or Dudley Council Service Desk on 01384 814685.
The aim of this information is to advise business operators of the requirements of the legislation and provide guidance as well as offering contacts for support.
For more information on this new legislation please visit Smoke Free England website or call the Smokefree England Information line on 0800 169 169 7
You may find the following questions and answers useful
Which places will be smokefree?
Virtually all enclosed and substantially enclosed public places and workplaces in England will become smokefree. This will include offices, factories, shops, pubs, bars, restaurants, membership clubs, theatres, bingo halls, shopping centres, schools, hospitals, public transport and work vehicles that are used by more than one person. The law will also mean that indoor workplace smoking rooms will disappear. So anyone wishing to smoke will have to go outside instead.
Virtually all enclosed and substantially enclosed public places and workplaces in England will become smokefree. This will include offices, factories, shops, pubs, bars, restaurants, membership clubs, theatres, bingo halls, shopping centres, schools, hospitals, public transport and work vehicles that are used by more than one person. The law will also mean that indoor workplace smoking rooms will disappear. So anyone wishing to smoke will have to go outside instead.
There are limited exemptions for premises that act as an individual’s dwelling and in certain establishments where people live and which are also workplaces, e.g. prisons, hospices, residential care homes and hotels
What is does enclosed and substantially mean?
A premise will be considered ‘wholly’ enclosed if it has a ceiling or roof and (except for doors, windows and passageways) are completely enclosed, whether on a permanent or temporary basis.
Premises will be considered to be substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings that can be open or shut. This is known as the 50% rule.
A roof includes any fixed or movable structures, such as canvas awnings. Tents, marquees or similar will also be classified as enclosed premises if they fall within the definition.
If your premises provides accommodation for guests or members, designated bedrooms will not have to be smoke free if the person in charge of the premises designates that the room is not smoke free. This only applies to bedrooms and if you use this exemption you will have to ensure that the room:
- is completely enclosed by solid floor to ceiling walls
- does not have a ventilation system that ventilates into any other smoke free part of the premises
- does not have any door that opens onto smoke free premises which is not mechanically enclosed immediately after use
- is clearly marked as a bedroom in which smoking is permitted.
Will it be a requirement to display No Smoking signs?
Yes, the regulations will require all premises and vehicles which are smokefree to display signs. The signs will have to be prominently visible at each public entrance, must be at least A5 in size, carry the international “no-smoking” symbol (a burning cigarette in a red circle with a red bar across it) and carry the words “No Smoking. It is against the law to smoke in these premises”. The words ’these premises may be changed to refer to the particular premises, for example ‘this hotel’.
Yes, the regulations will require all premises and vehicles which are smokefree to display signs. The signs will have to be prominently visible at each public entrance, must be at least A5 in size, carry the international “no-smoking” symbol (a burning cigarette in a red circle with a red bar across it) and carry the words “No Smoking. It is against the law to smoke in these premises”. The words ’these premises may be changed to refer to the particular premises, for example ‘this hotel’.
Staff entrances and smokefree vehicles will require a sign displaying the international no-smoking symbol, must be in colour and at least 70mm in diameter
Signs are available free of charge from the Smokefree England website
Who will enforce the new law?
The local authority will enforce the new law; this will probably be done by dedicated enforcement officers and/or environmental health officers. Routine compliance checks will be carried out as well as the investigation of any complaints.
The local authority will enforce the new law; this will probably be done by dedicated enforcement officers and/or environmental health officers. Routine compliance checks will be carried out as well as the investigation of any complaints.
Those who do not comply with the law may be liable to a fine or prosecution for the offences for:
- smoking in a smokefree place or vehicle
- failing to display a no-smoking sign
- allowing smoking in a smokefree place or vehicle
What will I do if a customer smokes on my premises?
If a customer or member of staff smokes on your premises it is your responsibility to ask them to stop.
If a customer or member of staff smokes on your premises it is your responsibility to ask them to stop.
Breaking the law could result in a fine.
The person who is smoking will also be liable to a fine. A good idea would be to keep a log book to record these incidents for your defence.
See flowchart below on how to deal with smoking in a smokefree place. This could also be could for training staff.
What will the fines be?
There are three penalties:
- For smoking in a no-smoking place: Either a fixed penalty notice of £50 or up to £200 fine if the case goes to court.
- For failing to display minimum no smoking signs: Either a fixed penalty notice of £200 or up to £1000 fine if the case goes to court.
- For failing to prevent smoking in a smoke free place: there is no fixed penalty fine. The case would go to court and the penalty would be a fine of up to £2500.
What help is available for business operators
Business operators are advised to visit the Smoke Free England Website or call the Smokefree England for further Information and resources ( 0800 169 169 7 )
The contact if you have any query about complying with the new legislation is 01384 814685. Your details will then passed to a Smokefree Officer.
Business operators are advised to visit the Smoke Free England Website or call the Smokefree England for further Information and resources ( 0800 169 169 7 )
The contact if you have any query about complying with the new legislation is 01384 814685. Your details will then passed to a Smokefree Officer.
The Smokefree legislation will apply to the common parts of buildings if they are open to the public or used as a place of work by more than one person (even if the persons who work there do so only intermittently e.g. post delivery). Common parts of buildings that will be required to be Smokefree include entrance lobbies, stairwells, lifts, corridors plus any facilities shared by the occupants of more than one household.
As a result of this new Smokefree legislation, many smokers may think about quitting. The Dudley Stop Smoking Service has a range of services available across Dudley. It is part of the NHS and provides free support and advice on how to quit with access to treatments such as patches etc. on prescription for people registered with a Dudley GP. We run weekly support groups and most GP surgeries have trained staff that can offer one to one appointments. Some pharmacists also offer support to quit.
In addition they can run support groups for your staff and customers in your premises, these generally run over 6-7 weeks and we need a minimum of 5 people signed up to attend.
Staff and customers can ring the Dudley Stop Smoking Service freephone information line on 0800 0850 652 to access these services.
Alternatively employees can access support from:
- The NHS Smoking Helpline - you can speak to a specialist adviser by calling 0800 169 0 169 (lines are open daily from 7am to 11pm)
- The go Smokefree Website – an online resource for all the advice, information and support you need to stop and stay stopped
- Together – This support programme is free to join, and is designed to help you stop smoking using both medical research as well as insights from ex-smokers. For more information call the NHS Smoking Helpline on 0800 169 0 169 or visit www.gosmokefree.co.uk
Related Documents
The Smoke-Free (Premises and Enforcement) Regulations 2006 (87.6 KB)
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