Smokefree legislation (The Health Act 2006) FAQ


The smoke free legislation came into force on 1 July 2007. It has been introduced to protect employees and the public from the harmful effects of secondhand smoke.

 

What does smoke free law prohibit?
 
  • It is an offence to smoke in a smokefree premises or vehicle.
  • It is an offence for those who control or manage smokefree premises or vehicles to permit others to smoke in the premises or vehicle.
  • It is an offence for people who occupy or manage smokefree premises or vehicles to not display the required no smoking signs at the premises or within the vehicle.
 

Which places must be smoke free?
 
The law applies to all enclosed and substantially enclosed public places and workplaces. This includes both permanent structures and temporary ones such as tents and marquees. This also means that indoor smoking rooms are no longer allowed.
 
Premises will be considered "enclosed" if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed either on a permanent or temporary basis.
 
Premises will be considered "substantially enclosed" if they have a ceiling or roof, but have an opening in the walls, which is less then half the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.
 

What do businesses need to do to comply with smoke free legislation?
 
Those who manage business premises need to:
·          
  • Ensure that there is no smoking anywhere inside any enclosed or substantially enclosed buildings or structures.
 
  • Display required 'No-smoking' signage at all public entrances and within any work vehicles.
 
  • Take reasonable steps to ensure that staff, visitors, customers and members of the public are aware that the premises is legally required to be smokefree and that everyone complies with the law.
 
What kind of no smoking signs need to be displayed?
 
Smoke free premises are required to display an A5 (minimum size) no smoking sign at each public entrance to the premises.
 
The signs must display the international 'no smoking' symbol (see below) and must also carry the following words "No smoking. It is against the law to smoke in these premises". 
 
Smoke free vehicles must display the international no smoking signs. 
 
Where can I get no smoking signs?
 
There is a limited number of signs still available free of charge from the City Council offices in Bridge House.
 
The no smoking signs can also be downloaded from the website www.smokefreeengland.co.uk or purchased in majority of the shops offering signs.
 
Does the legislation mean that people will not be allowed to smoke in outside areas?
 
No. People are free to smoke outside, in the open air. Also, at the moment there is no legal distance a person has to be away from a building whilst they are smoking. However, it is a good practice to stay away from doors, windows and other openings to prevent the smoke from drifting back into the building.
 

Are people allowed to smoke at home?

 
  Yes. However, the common areas such as staircase or corridor in shared houses or blocks of flats must remain smoke free.
 

Which vehicles must be smoke free?

 
Public transport vehicles (including taxis and hire cars) and work vehicles used by more than one person must be smoke free at all times.
 

Are there any exemptions from the smoke free law?
 
Only a few premises are exempt from the smoke free, these include:
  • Smoking bedrooms in hotels, inns, B&Bs
  • Smoking rooms or bedrooms in care homes, hospices and prisons
  • Smoking rooms on offshore installations
  • Specialist tobacconist shops
  • Research facilities.
 
There is also an exemption in relation to performances.   All exemptions are subject to strict conditions.
 

What about providing outside 'smoking facilities' for smokers?

 
 
  • There is no obligation, under this law (or any other law) to provide a smoking area or shelter for smokers.
 
  • If a business/workplace would like to provide a designated outside area issues such as cigarette litter, noise and safety need to be taken into account.  If a business are thinking of providing a shelter for smokers to use they must ensure that it is not 'substantially enclosed'. 
 
  • Planning permission from the planning department needs to be obtained and usual planning application procedures will need to be followed.
 
  • Tents and marquees cannot be used for smoking as they count as 'substantially enclosed'.
Do employers have to provide smoking breaks?
 
No. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. Staff can, of course, smoke during their rest period if they choose.
 
What are the penalties for non-compliance?
 
  • Failure to display required no smoking signs: up to ¤1000 or ¤200 fixed penalty notice
  • Smoking in a smoke free place: up to ¤200 or a penalty notice of ¤50
  • Failure to prevent smoking in an enclosed or substantially enclosed place: up to ¤2500
 
Is there help for smokers who want to quit?
 
Cambridgeshire and Peterborough have specialist NHS Stop Smoking Services that offer free advice and support. They can also help smokers using their service to access NRT (nicotine replacement therapy such as nicotine patches) on prescription. Information on the Peterborough service (PQS) can be found by calling:
 
Peterborough Quit Smoking Service (PQS)
Tel No: 0800 376 56 55
 
Where can I get further advice on the legislation?
   
Governmental guidance can be obtained from the website www.smokefreeengland.co.uk.
 
With specific enquiries please contact our customer service centre on 01733 747474 asking for:
  • planning department with regards to  smoking shelters
  • environmental enforcement with regards to cigarette litter
  • business regulation all other enquiries and complaints.
 
 
Peterborough City Council. Town Hall, Bridge Street, Peterborough, PE1 1QT - (01733) 747474 - DX12310 Peterborough 1