Flout The Smoking Ban And Pay The Price

27 June 2007

Smokers and their workplace managers face stiff fines if they flout new smoking regulations due to come into force on July 1, warns Kent lawyer David Hall.

“It’s not just smokers who will have to pay if the new rules are breached. Managers of premises and vehicles are also liable as failure to stop a person smoking in a smoke-free place or vehicle will be a criminal offence attracting a maximum fine of £2,500,” says David Hall, property specialist at leading south east law firm Furley Page Solicitors.

He added that even failure to display the required A5 signs featuring the international non-smoking symbol means a fine of up to £1,000 - although a fixed penalty fine can be levied of between £150 and £200.

A person who smokes in a smoke-free place faces a maximum fine of £200 but the fixed penalty is £30 or £50 if the fine is paid and the case isn’t taken to court.

The no-smoking ban applies to any public or work places which are “enclosed or substantially enclosed” – in other words with a ceiling, roof or canvas awning and more than 50% of the perimeter is enclosed. This includes previously designated smoking rooms, underground car parks and warehouses.

It also applies to enclosed vehicles which are used in the course of paid or voluntary work by more than one person.

Exemptions from the ban are 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.

For further information on the impact of the new legislation contact David Hall 

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