Smokefree Legislation

 

The Smokefree Legislation came into force throughout England on 1 July 2007. The legislation applies to virtually all enclosed and substantially enclosed public places, workplaces and public and work vehicles.

An enclosed premises has a ceiling or roof and is wholly enclosed excluding windows and doors. This can either be on a temporary or permanent basis. 

Premises will be considered substantially enclosed if they have a ceiling or roof, and the openings in the walls are less than half the total area of the walls.

A roof includes any fixed or moveable structure or device, e.g. retractable canvas awning, capable of covering all or part of the premises.

Listed below are a few of the premises/vehicles that the Smokefree legislation applies to:

  • Pubs
  • Betting Shops
  • Taxis
  • Cafés
  • Arcades
  • Shops
  • Offices
  • Factories
The legislation applies to all premises and vehicles that are used as workplaces by more than one person and also premises used by members of the public.

The law requires vehicles to be Smokefree at all times if they are used:

  • To transport members of the public
  • In the course of paid or voluntary work by more than one person - regardless of whether they are in the vehicle at the same time
Visits to premises, vehicles to ensure compliance with the law will be undertaken by our Environmental Health staff. Our approach to enforcement will be based on supporting and advising businesses to help them comply with the new law. However, they will have the legal power to if necessary to initiate the following formal actions:
  • Failure to display minimum no smoking signs: issue fixed penalty notice of £200 (or £150 if paid within 15 days)- or prosecute resulting in a fine up to £1000
  • Smoking in a no-smoking place: issue fixed penalty notice of £50 (£30 if paid within 15 days) - or prosecute resulting in a fine up to £200
  • Failing to prevent smoking in a smoke-free place:prosecution resulting in a fine up to £2500
 

Further information

For further information you can either contact us at health.safety@arun.gov.uk, using our office contact details below, or you can view the Smokefree England page.