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On July 1 2007, the Government is to introduce legislation which will ban smoking in all enclosed or substantially enclosed workplaces and work vehicles.
Following a 12-week consultation process, the Department of Health has now published The Smoke-free (Premises and Enforcement) Regulations. This is essential reading and will help you to understand the legislation in more detail.
Whilst it will be illegal to smoke in enclosed or substantially enclosed areas, smoking will be permitted in outdoor areas. If you are in any doubt as to whether your area complies with the regulations you must check the regulations. Go to The Smoke-free (Premises and Enforcement) Regulations 2006
The five regulations the Public Health Act 2006 have now been finalised and published officially on the Smokefree England website.
See below for
The Smokefree (Signs) Regulations require all smoke free premises to prominently display a no smoking sign at each entrance. This sign should be A5 size and consist of the universal no smoking symbol, at least 70mm in diameter, with the words ‘No Smoking. It is illegal to smoke in these premises’ underneath. ‘These premises’ may be customised to reflect the type of business, eg ‘in this hotel’. A minimum of just the no smoking symbol can be used in smoke free vehicles, and at entrances to smoke free premises which are for staff only, or which are located within a larger smoke free building (for example a shop in an indoor shopping centre).Go to The Smoke-free Regulations (Signs) 2007
While over 99 per cent of workplaces in England will become smoke free after 1 July, there will be some exemptions, go to Smokefree (Exemptions and Vehicles) Regulations.
Hotels, inns, hostels, guest houses and members’ clubs that provide sleeping accomodation will be allowed to allocate, in writing, certain bedrooms for visitors to smoke in, but any shared accomodation must always be smoke free. Care homes, hospices and prisons can allocate either designated bedrooms or rooms which can be used only for smoking for use by people over the age of 18. These smoking rooms must follow strict criteria set by the smoke free regulations. For a further list of exemptions, and a detailed explanation of the necessary criteria for designated smoking rooms, go to the Smokefree England website’s guidance document.
Private dwellings are generally not covered by the Smokefree legislation, except in those parts of a dwelling which are used solely for work purposes by more than one person, or where members of the public go to deliver or receive goods and services. Also, any enclosed or substantially enclosed part of a premises shared with other premises, such as a communal stairwell or lift in an apartment building, will be required to go smoke free.
Private dwellings where workers go to provide a resident of the dwelling with care will not be required to go smoke free.
Vehicles will be required to go smoke free if they are used to transport members of the public, or if they are used in the course of paid or voluntary work by more than one person. go to Smokefree (Exemptions and Vehicles) Regulations.
The Smokefree (Penalties and Discounted Amounts) Regulations specify the penalties for offences relating to non-compliance with the new legislation. These offences fall into three categories: correct signage, smoking in a smokefree place, and failure to prevent smoking in a smokefree place. Managers of premises could be fined up to £2,500 if they fail to prevent smoking in a smoke free area. For details of these go to Smokefree (Penalties and Discounted Amounts) Regulations .
The Smokefree (Vehicles Operators and Penalty Notices) Regulations set out the persons who have the legal duty to prevent smoking in a smokefree place. Go to Smokefree (Vehicles Operators and Penalty Notices) Regulations
As the Council is one of those responsible for enforcing the legislation, it is our aim to work with local businesses to make the transition to smoke free as smooth as possible.There is now a Guidance Document on the Smokefree England website which provides all the information you could need as a business to prepare yourself for the introduction of the no smoking ban. It is recommended that you dowload this at Smokefree England website’s guidance document
At this same site are the legally required signs which are free to download. To receive email updates and also some free no smoking stickers register at www.smokefreeengland.co.uk/stayinformed
If you have a question that is not adequately addressed by the information provided, please email us at at smokefree@rbkc.gov.uk or go to Contact us - smokefree.
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