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Going Smoke Free

1st July 2007

From 1st of July 2007 virtually all enclosed public places and workplaces in England became smokefree. This includes offices, pubs, clubs, cafes, restaurants and work vehicles. 

Definition of “enclosed” and “substantially enclosed” premises

Premises will be 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.

Premises are 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 know as the 50% rule.

A roof includes any fixed or moveable structures, such as canvas awnings.

Tents, marquees or similar will also be classified as enclosed premises if they fall within the definition.

Signage

Premises that are smoke free under the law will be required to have no smoking signs in place at each entrance, displayed in a prominent position.

Signage should be a minimum area of any shape that is equal to the size A5 showing the international no smoking symbol at least 70mm in diameter and contains in characters that can be easily read the following words:

“No smoking. It is against the law to smoke in these premises.”

Substitute words can be used for “these premises” as long as they refer to the particular smoke free premises in which a sign is displayed eg. “this hotel”.

A no smoking sign which displays only the international no smoking symbol (a minimum of 70 mm in diameter) may be displayed in a prominent position at an entrance instead of the above A5 no smoking sign with required words when:

  • Premises are located within other smoke free premises that carry the A5 sign eg. A bar within a train station or a shop within an indoor shopping centre. 
  • Entrances to smoke free premises that are not for public use ie. Staff entrances, as long as that premises carries at least one A5 sign with the required wording as above, at one entrance.             

For Vehicles

Smoke free vehicles must display a no smoking sign which carries only the international no smoking symbol (a minimum of 70mm in diameter).

For further information 

Visit http://www.smokefreeengland.co.uk/  

This website has been set up to assist businesses. Here you can register to receive the business newsletter and to stay informed with regular updates. All businesses will receive free signage and information pack. This will be distributed by the Department of Health. 

Or ring the Smokefree England information line 0800 169 1697

Useful websites: http://www.smokefreelondon.org/ 

FAQ

1.     When did the law come in? 

6am on Sunday 1 July 2007. 

2.      What are the penalty amounts?

The following penalties and fines for the smokefree offences as set out in the Health Act 2006:

  • Smoking in a smokefree premises or vehicle: a fixed penalty notice of £50 (reduced to £30 if paid within 15 days) 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 £150 if paid within 15 days) 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            

3.      Can I install a shelter for my staff or customers?

There is no requirement to provide smoking shelters. However, before you install any type of shelter you should speak to our planning department on Tel no. 0208 753 3483. Most shelters would require planning permission and not all shelters will comply with the law.

4.      How can I support my staff and customers who wish to stop smoking?

Employers and managers may also wish to support staff and customers to quit smoking. 

The NHS provides a wide range of free resources and advice. Local NHS Stop Smoking Services may be able to visit your workplace in the lead up to implementation and provide advice and support for staff and/or customers.

We encourage all employers to talk with their local NHS Stop Smoking Service in the lead up to smokefree legislation starting to find out what support for staff and customers is available locally. Call 0800 169 0 169 to find you local NHS Stop Smoking Service or text ‘give up’ and your full post code to 88088. Visit the website for information http://www.gosmokefree.co.uk

5.      How do I develop a smokefree policy?

To ensure employees are aware of smokefree legislation and changes to your workplace you may wish to consider developing a written smokefree policy for your workplace. 

Effective smokefree policies:

  • acknowledge the right of employees to work in a smokefree environment;
  • are concise and simple to understand; 
  • identify the members of management and staff who have responsibility for the implementation of the policy; 
  • identify the outside areas where people can smoke; 
  • provide information on how to obtain help to quit smoking; 
  • include a consultation with members of staff; 
  • are communicated to all members of staff (including new members of staff before they start work).               

You will need to decide how to deal with non-compliance with your smokefree policy and how the policy fits within your existing health and safety policy.