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, and 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 are responsible for enforcing the 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 please:
Ring Smokefree England National Compliance line on 0800 587 1667
or contact Dudley Council using the details below.
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.
If someone is smoking in a smokefree place or vehicle, you should alert the manager or the person in charge of the premises or vehicle in the first instance.
Smoking is prohibited in all enclosed or ‘substantially enclosed’ public places and workplaces by making it an offence to:
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 the walls. This is known as the 50% rule.
Smokefree legislation affects all premises which:
‘Work’ also covers voluntary work, so if a village hall holds an event staffed by volunteers, it must be smokefree. If the public attended, it would be both a workplace and a public place.
All vehicles used for public transport, e.g. buses, trains and taxis, are also affected by the new law.
Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it is required to be smokefree at all times. This protects shift and other workers using the same vehicle from the hazards of second-hand smoke.
The council is responsible for enforcing the smokefree law. If you don't comply with the smokefree law, you will be committing a criminal offence. Fines can be issued for the following:
Failing to display minimum no smoking signs
Failing to prevent smoking in a smoke free place
Smoking in smokefree premises or work vehicles
For further information on the smokefree fines please see: