Smokefree England

Information about SMOKE-FREE LAW

WHAT IS THE AIM OF SMOKEFREE LAW?

Smoke-Free Legislation came into force throughout England on 1st  July at 6am. The aim of the legislation is to protect employees and the public from the health risks of exposure to second hand smoke. The intention of the law is not to stop people from smoking, but some people will use this as an opportunity to become non-smokers. This legislation is considered to be one of the most important public health measures in the last 50 years.

The Regulations can be read in their final form at http://www.smokefreeengland.co.uk/

WHAT DO THE REGULATIONS MEAN?

Virtually all "enclosed" and "substantially enclosed" public places and workplaces in England are required to be smoke free. This includes offices, factories, shops, hotels , pubs, restaurants, membership clubs, public transport and work vehicles that are used by more than one person. This law also means an end to indoor smoking rooms, so anyone wishing to smoke will have to go outside instead.

If smoking shelters are provided by employers it is important that these are not enclosed or substantially enclosed. Local guidance on smoking shelters has been produced by Pendle Borough Council and is available on this website or call 01282 661199.

There are some very limited exemptions from the requirements which mainly apply to residential type accommodation e.g. hotels, residential care homes and these relate to designation of smoking rooms. Information on exemptions is available from the Smoke-Free England website.

WHAT DOES "ENCLOSED" OR "SUBSTANTIALLY ENCLOSED" REALLY MEAN?

Enclosed: Premises will be considered to be 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. This definition includes tents, marquees and similar structures.

Substantially Enclosed: Are premises with a ceiling or roof, but where there are also permanent openings in the walls which are less than half the total area of the walls, including other structures which serve the same purpose as walls and constitute the perimeter of the premises. This is known as the 50% rule. A roof includes any fixed or moveable structures such as canvas awnings.

WHAT VEHICLES ARE INCLUDED?

The Regulations include public transport and work vehicles that are used by more than one person (even if at different times) - all such vehicles must be smoke free.

ARE ANY "NO SMOKING" SIGNS REQUIRED?

Premises that are to be smoke free by law are required to have "No Smoking" signs in place at each entrance, displayed in a prominent position.

IS THERE A SPECIFIC REQUIREMENT FOR SIZE AND DESIGN OF THE SIGNS?

Signage should be a minimum area of any shape that is equal in size to A5 showing the international "No Smoking" symbol at least 70mm in diameter (the most commonly used minimum size currently) and contain, in characters which can be easily read, the following words: "No Smoking. It is against the law to smoke in these premises".

It is possible for the above wording to be changed slightly e.g. "these premises" can be replaced by "this public house".

See the Smokefree England website for guidance and downloads of amended signage.

DO THERE NEED TO BE NO SMOKING SIGNS IN VEHICLES?

A person with management responsibilities for a smoke-free vehicle must ensure that at least one "No Smoking" sign is displayed in a prominent position in each compartment of the vehicle.

A "No Smoking" sign should display a No Smoking symbol (a minimum of 70 mm in diameter).

WHOSE JOB IS IT TO PREVENT SMOKING IN SMOKEFREE PREMISES AND VEHICLES?

It is the responsibility of the person who controls or who is concerned in the managemement of smoke-free premises to prevent or stop people from smoking in the premises.

For vehicles this responsibility falls to the driver, any person with management responsibility for the vehicle and any person who is responsible for order and safety on it.

HOW WILL THE SMOKE-FREE LAW BE ENFORCED IN PENDLE?

The responsibility for enforcement has been given to officers in Environmental Health Services of Pendle Borough Council. Smokefree offences are not dealt with by police officers.

All business premises we visit are routinely checked for compliance with smokefree requirments. We also carry out smokefree checks as part of a multi agency enforcment team which operates out of normal working hours. These visits have revealed that most businesses are compliant with the law but there continue to be a few where enforcement action becomes necessary. Such action is always in line with Pendle Borough Council's pollution control enforcement policy and associated Smokefree enforcement protocol. Details of any prosecutions taken by Pendle Council will be publicised in accordance with Council policy.

WHAT ARE THE PENALTIES FOR BREAKING THE LAW?

The law sets out the following penalties:

• Smoking in a smokefree place or vehicle: Fixed penalty fine of £50, summary conviction of £200
• Failing to display a "No Smoking" sign: Fixed penalty fine of £200, summary conviction £1000
• Failing to prevent smoking in a smokefree place or vehicle: Summary conviction £2500, no fixed penalty for this offence.

WHAT HELP IS AVAILABLE FOR BUSINESSES TRYING TO COMPLY WITH SMOKEFREE LAW?

If you require planning permission for the erection of a smoking shelter or your premises are listed or are within a Conservation Area and you intend to provide signs or fixtures externally etc. this is likely to take at least two months to obtain.

If you want to produce a Smoking Policy for your business, help with this is available

WHERE CAN I GET FURTHER INFORMATION?

For all general enquiries and advice contact:

Pendle Borough Council

Phone: 01282 661199
Fax: 01282 662027

Smokefree England
Web: http://www.smokefreeengland.co.uk/what-do-i-do/business.html

NHS


East Lancashire PCT Stop Smoking Service
Phone : 01254 380424

Email: smoking.cessation2@eastlancspct.nhs.uk

Or to make a complaint about a smokefree issue, for example if you observe someone smoking in a smokefree premises or vehicle contact Pendle Borough Council 

telephone 01282 661199  

e mail -  environmental.pollution@pendle.gov.uk