The Smoking Ban in England

11 June 2007

The provisions of the Health Act 2006 and the various Regulations relating to smoke free premises come into force on 1 July 2007 to impose a ban on smoking in all public places or places of work which are "enclosed or substantially enclosed" 
 

Such places are deemed “smoke free”. Staff smoking rooms will be illegal as will allowing staff to smoke in an underground car park or warehouse. “Substantially enclosed” means premises which have a ceiling or roof but an opening in the walls, or an aggregate area of openings in the walls, which are less than half the area constituting the perimeter of the premises. No account is taken of doors or windows which can be opened or shut. A roof includes a canvas awning. The “bus shelter” type of arrangement can be less than “substantially enclosed”.
 

There are also exemptions which apply to designated bedrooms for hotels, inns, hostels and guest houses which provide sleeping accommodation and for adult residential care homes and residential mental health centres. Residents and guests will be able to smoke but not staff. There are additional technical requirements which must be met.
 

Mandatory Signs
 

An A5 size sign with the international non-smoking symbol and appropriate wording must be displayed at each entrance to smoke free premises in a prominent position. The wording must be “No smoking. It is against the law to smoke in these premises.” The only dispensation is that instead of the words “these premises” other appropriate wording such as “this restaurant” or “this bar” can be used instead. A smaller sign with just the non-smoking symbol on it, without the wording, can be used in particular circumstances.
 

Vehicles
 

The no smoking ban applies to vehicles if they are enclosed and if they are used in the course of paid or voluntary work by more than one person (even if at different times). This means there must be no smoking in the vehicle even if there is only one person in the vehicle if at any other time there will be another user of the vehicle.
Again signs have to be displayed in each compartment of the vehicle indicating that there is no smoking. The smaller non smoking symbol without the wording can be used.
 

Offences
 

There are serious penalties for managers of premises and of vehicles. Failure to stop a person smoking in a smoke-free place or vehicle will be a criminal offence attracting a maximum fine of £2500. Failure to display the required signs attracts a maximum fine of £1000, although a fixed penalty fine can be levied of between £150 and £200.
 

A person who smokes in a smoke free place commits an offence carrying a maximum fine of £200 but the fixed penalty is £30 or £50 if the fine is paid and the case not taken before the courts.
 

For more information please contact David Hall, Partner & Partnership Secretary.

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