Smoke Free Laws Questions and Answers

Q. Which premises do the new laws apply to?
A. All workplaces where more than 1 person is employed and places open to the public which are enclosed or substantially enclosed. This includes temporary structures such as tents/awnings.

Q. What does ‘substantially enclosed’ mean?
A. A substantially enclosed place is one with a roof and having walls covering more than 50% of the wall area including doors and windows.

Q. Does the law apply to vehicles?
A. Yes, if used by the public or used at work other than your domestic car.

Q. Where can I get the ‘no smoking’ signs from?
A. These can be downloaded from the Government’s website at Smoke Free England or by telephoning 0800 169 1697 or by downloading from the Council’s website smoking laws page.

Q. Where do I need to display the signs?
A. The A5 size sign must be displayed prominently at each public entrance and the smaller standard sign displayed at every staff entrance provided that there is an A5 sign displayed elsewhere. Smoke free vehicles must also display this smaller sign.

Q. What are the exemptions to the law?
A. There are a number of exemptions and these relate to designated bedrooms in hotels etc. and designed bedrooms and other rooms in care homes, hospices etc. There is also an exemption for performances where the artistic integrity makes it appropriate. This exemption does not apply to rehearsals. For further information see the Government’s website Smoke Free England.

Q. What are the penalties for not complying with the law?
A. There are 3 offences

• Failing to prevent smoking for which there is a fine up to £2500
• Smoking in a smoke free place – fine of up to £200 or a fixed penalty notice of £50 (discounted to £30 for early payment)
• Failing to display the no smoking signs - fine up to £1000 or fixed penalty notice of £200 (discounted to £150 for early payment)

Q. Does the law just apply to tobacco smoke?
A. No it applies to the smoking of any substance e. g. herbal cigarettes

Q. If I make sure that my premises are well ventilated do I have to comply?
A. Yes, ventilation does not effectively mitigate against the effects of smoke.

Q. Can I make a smoking room for use by my customers?
A. Unless you are a hotel etc and designate a bedroom or a care home and designate a smoking room or bedroom then no, because you will break the law.

Q. Can I build a smoking shelter?
A. Yes, provided it is not enclosed or substantially enclosed and you seek planning permission. We have guidance posted on our website about this matter.

Q. How far away from an adjacent wall of my building does the shelter have to be?
A. We would recommend that the distance is at least 1.5m so as to allow the smoke to dissipate.

Q. Where can I get information on giving up smoking?
A. You can telephone the national stop smoking service 0800 169 0169 or visit Go Smoke Free or phone the local NHS service on 0845 155 8080 or Smoke Free England or phone 01392 207464

Q. How do I police the ban in my premises?
A. You must be vigilant but guidance is available on the Government’s website Smoke Free England or see the Council’s website.

Q. What do I do if I see someone smoking where they shouldn’t and want to report it?
A. Speak to the manager or person in control because it is their responsibility to prevent it. Alternatively, contact the national compliance helpline with full details 0800 587 1667 or pass the details to the Council.

Q. Will the Council be putting up extra bins in the street to stop the littering?
A. No, it is currently our policy to require businesses to control the litter arising from the use of their premises. Persons dropping litter may be fined.

Q. What about the extra noise and antisocial behaviour arising from people outside pubs?
A. This is a matter for the business to control. However, it is advisable to speak to the publican and try and resolve the matter amicably in the first instance. Failure to control noise and antisocial behaviour can result in action for a noise nuisance and for a review of their premises licence.

Q. What has the Council done about publicity for the new laws?
A. We have written to all businesses and those organisations in control of public places about the laws and published articles in local newspapers. This will supplement the high profile advertising nationally. We have also put information on our website.