Frequently asked questions (FAQs) about the smoke-free legislation

When did the law come into effect?
Why was it introduced?
Do smoke free policies work?
What are some of the benefits of smoke-free workplaces?
Which workplaces are included in the new legislation?
What do ‘enclosed’ and ‘substantially enclosed’ mean?
What about vehicles used for work?
What are the no smoking signs meant to look like?
Where are they meant to go?
Where can I get the no smoking signs from?
Will employers have to provide external smoking areas?
Are smoking rooms or areas still permitted in workplaces?
Where can people smoke?
As a business, what can I do about litter and noise created by people moving outside to smoke?
How will the legislation be enforced?
What are the penalties?
Where can I get further information on the ban and what is required of businesses in the borough?

1. When did the law come into effect?

1 July 2007 at 6am.

2. Why was it introduced?

It is now widely known that exposure to second hand smoke kills and harms health in the same way that active smoking does; everyone has the right to be protected from it.

It is hoped that the legislation will help smokers who wish to quit.

Some statistics:

Passive smoking in the workplace is likely to kill over 600 workers per year across the UK, including around 50 – one a week - in the hospitality industry alone.
A study by the Royal College of Physicians showed that about 17,000 children get admitted into hospital every year because of illnesses relating to second hand smoke.
Exposure to cigarette smoke can harm every organ in the body, causing cancers such as pancreas cancer, cervical cancer, bladder cancer, mouth, throat and tongue cancer.
84 per cent of lung cancer victims are smokers. It also causes heart disease and worsens respiratory illnesses such as emphysema and asthma.
In England, 35 million working days are lost each year through smoking-related illness and the cost to the NHS of smoking related illness is £1.7billion per year.

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3. Do smoke free policies work?

Smoke free policies in other countries have proven to be very successful and popular.

In Ireland, polls conducted soon before and after the introduction of the smoking ban showed levels of support for the ban jumped from around 56 per cent to over 90 per cent.

About 73 per cent of people in the UK, including smokers, support the smoke free legislation.

4. What are some of the benefits of smoke-free workplaces?

Improved health and a reduction in second hand smoking related illnesses

You can go out to pubs and clubs and your clothes and hair will not smell of smoke. Interiors of these premises will also be easier to clean.

Reduces the potential for fire damage.

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5. Which workplaces are included in the new legislation?

These are set out in the Health Act 2006. They include enclosed or substantially enclosed premises that are open to the public, or are used as a place of work by more than one person or where members of the public might attend to receive or provide goods and services.

There are a very small number of workplaces that will be exempt from the smoke free ban. To find out if your business is one of these, go to The Office of Publis Sector Information website

6. What do ‘enclosed’ and ‘substantially enclosed’ mean?

Premises are considered enclosed if they have a ceiling or roof and four permanent or temporary walls or structures that serve the same purpose as walls. Tents, marquees and other similar structures are not exempt. The premises do not need to have doors, windows or passageways.

Premises are considered substantially enclosed if they have a ceiling or roof but there are permanent openings in less than half of walls or other structures which serve the same purpose as walls. This is commonly referred to as the 50 per cent rule.

7. What about vehicles used for work?

Vehicles used in the course of paid or voluntary work by more than one person will be required to go smoke free. Vehicles used only for private use do not have to go smoke-free.

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8. What are the no smoking signs meant to look like?

The signs must contain the universal no smoking symbol, in colour, 70mm in diameter, and the words ‘No smoking. It is against the law to smoke in these premises’ written underneath. ‘In these premises’ can be customised to identify the particular premises or business, for example. ‘in this hotel’

The sign must be A5 in size

This is what the No Smoking sign should look like.

9. Where are they meant to go?

Signs must be prominently displayed in all entrances to buildings which are accessible by staff, and/or members of the public, or are located within other smoke free premises, such as a shop within a shopping mall.

In smoke free vehicles there must be a minimum of one sign prominently displaying the universal no smoking sign in each enclosed compartment.

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10. Where can I get the no smoking signs from?

Free signs can be obtained by registering on the national Smoke Free England website. Go to www.smokefreeengland.co.uk and enter the resources section.

11. Will employers have to provide external smoking areas?

Employers are not legally required to, but if they choose to, these areas or shelters must comply with the smokefree regulations and the Council’s own planning requirements. To contact the Planning Department please call 020 7361 2080. (go to question 13)

12. Are smoking rooms or areas still permitted in workplaces?

In the vast majority of workplaces, smoking rooms are no longer be allowed. However, there are a few exemptions to the rule:

Hotels, inns, hostels, guest houses and members’ clubs that provide sleeping accommodation may designate, in writing, certain bedrooms which are not smokefree.
Care homes, hospices and prisons may designate either individual bedrooms or rooms to to be used only for smoking purposes, for use by people 18 years and over.
For further exemptions and details of the specific criteria laid out by the legislation for the designated smoking rooms, see the guidance document at the Smokefree England website

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13. Where can people smoke?

Businesses can designate outside smoking areas or shelters which are at least 1.5m from any entrances, as long as they comply with planning regulations and the smoke-free regulations.

14. As a business, what can I do about litter and noise created by people moving outside to smoke?

As always, noise and litter levels must be kept to a minimum so that local residents are not affected.

Staff should regularly remind smokers to keep outside noise levels down.

Install bins and provide extra cleaning for cigarette butts.

Install signs at doors reminding people to keep noise and litter levels down.

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15. How is the legislation enforced?

This legislation is enforced by The Royal Borough of Kensington and Chelsea Council.

There are several different offences:

It is an offence to smoke in a smoke free place
It is an offence to permit smoking in a smoke free place
It is an offence if signage requirements are not met

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16. What are the penalties?

Incorrect display of no smoking signs:
The maximum fine for incorrect display of no smoking signs is £1,000. The fixed penalty is £200, discounted to £150 if paid within 15 days.
Smoking in a smoke free place:
The maximum fine for smoking in a smoke free place is £200. The fixed penalty is £50, discounted to £30 is paid within 15 days.
Failing to prevent smoking in smokefree premises
The maximum fine placed on the management of a smoke free premises for failing to prevent smoking on those premises is £2,500. There is no fixed penalty notice provided by the Health Act 2006 for this offence.

17. Where can I get further information on the ban and what is required of businesses in the borough?

There are a number of websites that can provide you with further information. These include

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