About The Smoking Law

What you must know about the smoke free law

This new law is being introduced to save lives and to prevent diseases caused by second-hand smoke. The effect on business and public property owners is that you, your staff, customers and visitors will not be allowed to smoke within your premises if they are either "enclosed" or "substantially enclosed". There are very few exceptions to this smoking ban - it also includes work vehicles.

Below are a number of frequently asked questions about the new legislation. We hope the answers will be useful.

What do you mean by "enclosed" or "substantially enclosed"?

Premises are considered "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 considered "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 a perimeter of premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings which can be open or shut. This is known 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.

How will the new Law affect my business premises?

Your premises will have to be smoke free. No staff or visitors will be allowed to smoke in the enclosed areas of your premises. Failure to comply with this new Law is serious as there are very strict financial penalties on employers and staff who fail to comply with the ban.

Do organisations have to display "no smoking" signs?

Yes. As from the dates mentioned above, under the Government Health Act 2006, all premises must display the appropriate "no smoking" signs. The signs must be sized at a minimum of A5 (148 x 210mm) and must be displayed at all public entrances stating that it is against the law to smoke on these premises.

Do organisations or individuals have to display "no smoking" signs within company vehicles?

Yes. Under the new legislation, all company owned vehicles that are used by more than one person, must display the official "no smoking" symbol at the minimum size of 70mm diameter. Some vehicles, such as minibuses and other forms of public transport, may have to display a "no smoking" sign at each entry point.

Are organisations required to provide external ashtrays and/or smoking shelters?

No. However, it is expected that some local councils may issue fines on individuals and organisations of up to £2,500 if they do not deal with cigarette waste in a responsible manner.

Why should I consider purchasing a cigarette bin and/or smoking shelter?

• Specify and control where smoking is permitted
• Protect employees from the weather
• Ensure entrances and key areas are kept clear to protect the right image
• Take care of the environment

THERE IS NO NEED TO PANIC - SMOKEFREE UK IS HERE TO HELP