Smoke free England
To make a complaint about a smokefree issue, for example if you observe someone smoking in a smokefree premises or vehicle email email@example.com.
See the Smokefree England website for guidance and downloads of amended signage.
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
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, this is likely to take at least two months to obtain.
What help is available for businesses trying to comply with smoke-free law?
- The aim of Smoke Free legislation is to protect employees and the public from the health risks of exposure to second hand smoke. You can read the regulations in their full form on the National Archives website,
- If smoking shelters are provided by employers it is important that these are not enclosed or substantially enclosed,
- 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,
- 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,
- 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),
- 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,
- It is the responsibility of the person who controls or who is concerned in the management 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,
- 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