How do the regulations affect me?
Landlord, building owner or similar
If you are responsible for a building where the public may visit or where more than one person is employed or works, irrespective of if others work there at different times, then you must ensure that your building is totally smokefree at all times.
Member of the public
If you are a member of the public, places that you visit such as pubs, restaurants, or any places accessible to the public that are enclosed or substantially enclosed must be smokefree at all times.
An employee
If you are employed and are not the only person at your place of work, irrespective of if others work there at different times, then your place of work must be smokefree at all times.
Operate work vehicles
If you operate work vehicles these too must be smokefree at all times if more than one employee uses the vehicle, irrespective of if this is at different times.
Taxi driver/operator
If your vehicle is used as a taxi, whether this is as a private hire vehicle or as a hackney cab, it must be smokefree at all times, not only when carrying members of the public.
What are the regulations?
The Department of Health has published five sets of regulations, which set out some of the detail of the Health Act 2006. These are as follows:
The Smokefree (Premises and Enforcement) Regulations 2006 include definitions of enclosed and substantially enclosed premises and details of enforcement authorities.
The Smokefree (Exemptions and Vehicles) Regulations 2007 define premises and persons exempt from the smokefree legislation as well as details vehicles to which the legislation applies.
The Smokefree (Penalties and Discounted Amounts) Regulations 2007 detail the penalties that are applicable to Smokefree offences under the Health Act 2006.
The Smokefree (Vehicle Operators and Penalty Notices) Regulations 2007explain who is responsible for ensuring vehicles are smokefree and details regarding Fixed Penalty Notices.
The Smokefree (Signs) Regulations 2007, explain the requirement to display prescribed signage at the entrance to and within smokefree premises and vehicles.
Who is affected by these regulations?
The following premises/vehicles are directly affected by these regulations
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Commercial premises - including those normally enforced by the HSE
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Residential premises - in multiple occupation, including hotels, hostels, etc
Are there any exemptions?
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Private accommodation, but not common parts, eg staircases and lifts
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Accommodation for hotel guests
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Other residential accommodation in care homes, hospices, mental health units and prisons for adults
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Performers
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Specialist tobacconists
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Research and testing facilities
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Offshore platforms
What do businesses have to do?
Employers, managers and those in charge of smokefree premises and vehicles will need to:
- Display the prescribed "no-smoking" signs in smokefree premises
- Take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
- Ensure that no one smokes in smokefree premises or vehicles
You may also want to take these supportive measures:
- Remove ashtrays from smokefree areas
- Develop a smokefree policy in consultation with staff
- Provide your staff and customers with support to quit smoking
- Ensure that your staff and customers know where they can smoke if they choose to
Where can I get more information?
A national website has been set up to provide information on the new regulations. Businesses and employers who register with the website will receive regular updates and also the prescribed signs, to be displayed, free of charge. Smokefree England’s contact details are:
Telephone: 0800 169 1697
Website: www.smokefreeengland.co.uk
How do I develop a smokefree policy?
To ensure employees are aware of smokefree legislation and changes to your workplace you may wish to consider developing a written smokefree policy for your workplace.
Effective smokefree policies:
- acknowledge the right of employees to work in a smokefree environment;
- are concise and simple to understand;
- identify the members of management and staff who have responsibility for the implementation of the policy;
- identify the outside areas where people can smoke;
- provide information on how to obtain help to quit smoking;
- include a consultation with members of staff;
- are communicated to all members of staff (including new employees before they start work).
You will need to decide how to deal with non-compliance with your smokefree policy and how the policy fits within your existing health and safety as well as discipline policies.
In Leicester, the Health and Safety Team can offer assistance on developing workplace smoking policies. The team can be contacted by:
Telephone: (0116) 252 6442 (during office hours)
Website: www.leicester.gov.uk/smokefree
Email: smokefree@leicester.gov.uk
What about a smoking shelter?
There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outside smoking shelter or area, you will need to be sure that it is not "enclosed" or "substantially enclosed" under the definitions that are set out in smokefree regulations.
Leicester City Council's Health and Safety Team has produced in-depth guidance that is available upon request. See Smoking Shelters.
How can I support my staff and customers who wish to stop smoking?
Employers and managers may also wish to support staff and customers to quit smoking. The NHS provides a wide range of free resources and advice. Call 0800 169 0 169 to find you local NHS Stop Smoking Service or text "give up" and your full postcode to 88088.
In Leicester, if you are interested in stopping or cutting down on smoking you can contact STOP!:
Telephone: (0116) 295 4141
In addition, the STOP! Team can also provide assistance to businesses interested in developing employee smoking cessation initiatives.
Who enforces the smokefree regulations?
The following authorities are designated as enforcement authorities:
(a) a unitary authority
(b) a district council in so far as it is not a unitary authority
(c) a London borough council
(d) a port health authority
(e) the Common Council of the City of London
(f) the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple and
(g) the Council of the Isles of Scilly.
An enforcement authority has enforcement functions in relation to the premises and vehicles that are within-
(h) in the case of a port health authority, the district for which it is a port health authority; and
(i) in the case of other authorities, the area for which it is a local authority other than any part of that area which falls within the district of a port health authority,
The regulations explain how enforcement functions may be transferred from one enforcement authority to another.
What are the proposed penalty amounts?
The following penalties and fines for smokefree offences are set out in the Health Act 2006:
- Smoking in a smokefree premises or vehicle: a fixed penalty notice of £50 or a fine not exceeding level 1 on the standard scale (up to £200)
- Failure to display no-smoking signs in smokefree premises and vehicles as required by smokefree legislation: a fixed penalty notice of £200 or a fine not exceeding level 3 on the standard scale (up to £1000)
- Failing to prevent smoking in a smokefree premises or vehicle: a fine not exceeding level 4 on the standard scale (up to £2500)
Fines are very well, but if the publican of my local persistently fails to provide a smokefree environment, shouldn't they lose their licence?
There is no specific provision in smokefree legislation for smokefree offences to result in a review of a pub's licence. We believe the penalties are a sufficient deterrent, and we expect that pubs and other hospitality venues will want to comply with the legislation to make their premises better and more healthy places to visit and work.
Where can I get advice/information in Leicester?
Leicester City Council's Health and Safety Team are available to advise businesses, employers, employees and members of the public in regard to the requirements of the Smokefree regulations. They will also investigate and take action on any alledged reports of non compliance. The Team’s contact details are:
Telephone: (0116) 252 6442 (during office hours)
Email: healthandsafetyteam@leicester.gov.uk
Website: www.leicester.gov.uk/smokefree
Do I have to put up any signs?
Premises and vehicles that are included in the smokefree requirements must have prescribed signs displayed in a prominent position at each entrance.
Signage should be a minimum area of any shape that is equal to A5 and show the international no-smoking symbol at least 70mm in diameter (the most commonly used minimum size currently); and contain in characters that can be easily read the following words:
"No smoking. It is against the law to smoke in these premises".
Substitute words can be used for "these premises" as long as they refer to the particular smokefree premises in which a sign is displayed, eg "this hotel".
A no-smoking sign which displays only the international no-smoking symbol (a minimum of 70mm in diameter) may be displayed in a prominent position at an entrance instead of the above A5 no-smoking sign with required words when:
a) premises are located within other smokefree premises that carry the A5 sign, eg a bar within a train station, or a shop within an indoor shopping centre.
b) entrances to smokefree premises that are not for public use, eg staff entrances, as long as the premises carry at least one A5 sign, with the required wording as above, at one entrance.
Vehicles
It is proposed that smokefree vehicles display a no-smoking sign that carries only the international no-smoking symbol (a minimum of 70mm in diameter).
If the vehicle has two or more compartments it must display a no-smoking sign in each compartment, eg in each carriage of a train.
Signs meeting the requirements set out in the regulations for both premises and vehicles will be made available to businesses free of charge; check back to this site for details.
Signs can be requested from the Health and Safety Team free of charge.
Are there any planning or building control implications?
Planning permission
Planning permission is likely to be required for any form of extension to commercial premises (such as a covered way or awning) or a free-standing building/structure to provide shelter for smokers. The Development Control section can provide informal pre-application advice on the likelihood of gaining planning permission. Such advice can only be provided on an informal, non-prejudicial, basis, the only way to gain a definitive decision being the submission of a formal application. You may however find such advice helps avoid problems when your formal application is submitted, and can often identify any potential difficulties before you incur the expenditure of a planning application fee and architects' / planning agents' fees, etc. One of the issues you may wish to consider before committing your ideas to paper is the location of your shelter in relation to neighbouring properties and the impact it could have on the occupiers of those properties. Also, it is possible that a shelter erected immediately outside of a door or window opening could lead to smoke entering the building, which would be contrary to the Smoke Free Regulations.
Should you wish the Council to give you an informal view ahead of any formal planning application submission, please contact our Planning service.
Building Control
A Building Control application is not likely to be required if any form of shelter is detached from the main building and is less than 15m2 in floor area. It can even go up to 30m2 if it is not within 1m of the boundary or substantially constructed in non-combustible materials.
If the shelter is to be linked to the main building then it may still not require an application so long as it is less than 30m2 and acts as a conservatory, porch, covered yard or covered way.
These shelters must, however, be built properly and not create a danger to the health and safety of the occupants or the general public. If they do pose a risk, the Building Control team can take action under the dangerous structure legislation to make it safe.
Should you wish this department to give clarification on these points or give a definitive answer regarding the need for a formal building regulation application then please send as much detail as possible by email to "BuildingControl@leicester.gov.uk", or via telephone on (0116) 252 6662.
I am the landlord of a pub and my regulars don't mind people smoking in the bar, so why should I make them stop?
The regulations are in place to protect people from the harmful effects of secondhand smoke. Being exposed to secondhand smoke can increase a non-smoker's risk of getting lung cancer by 24 per cent and the risk of getting heart disease by 25 per cent, as well as being associated with many other medical conditions like the respiratory disease and other types of cancer.
Why should people who choose to smoke be forced to give up because of those that choose not to smoke?
These regulations are not forcing people to give up; they are controlling smoking in public places. Statistics show that 75 per cent of people who smoke would like to give up; these new regulations may be the push they need to do so.
Can I let customers smoke outside my pub?
Yes, but you should make sure that if your customers smoke on the pavement outside your pub, they are considerate of other people and that the area is not obstructed to other users. You should also be vigilant about noise and litter.
Won't I lose business to pubs that don't comply?
The smoke free requirements apply to all licensed premises in exactly the same way and the City Council will enforce these regulations wherever they are being ignored.
In all other countries where similar smoking controls have been introduced indications are that trade has increased as a result.
I work alone part-time in a small office. The person that works in the afternoons smokes - that's ok, isn't it?
No! If anyone works in a place where anyone else works, irrespective of if they work at different times, then the office must be smokefree at all times. This applies to work vehicles and taxis too.
My office is already smokefree except for the designated smoking room, so I don't have to do anything, do I?
Yes you do! All workplaces are to be smokefree after 1st July and therefore no designated smoking rooms are allowed.
All smokefree premises and vehicles must also display signs that meet the requirements laid down in the regulations, even if they already have smokefree policies in place.
Details of the required signs are available at: www.smokefreeengland.co.uk
I am a taxi driver and spend a lot of time in my car. Is it alright for me to smoke?
No! The regulations cover all work places and public places so smoking is not allowed in a taxi irrespective of whether it is carrying a fare at the time or not.
