Smoking is illegal within public places and workplaces if they are partly or completely enclosed. The law affects most public premises including workplaces, work vehicles and applies to staff, customers and visitors.
Offences under the Health Act 2006 include:
- Failure to display no-smoking sign in a smoke free premises or vehicle
- Smoking in a smoke free place
- Manager or person in control of a smoke free premises or vehicle fails to stop a person from smoking there
For further advice or guidance on the general requirements, exemptions or good practice please contact an officer from the Food, Health and Safety team.
Employers, managers and those in charge of smoke free premises and vehicles are required to:
- Display ‘no smoking’ signs in smoke free premises
- Take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smoke free
- Ensure that no one smokes in smoke free premises or vehicles
You may also want to take these supportive measures:
- Remove ashtrays from smoke free areas
- Develop a smoke free policy in consultation with staff
- Provide your staff and customers with support to quit smoking
- Ensure that your staff and customers know where they can smoke if they choose to
What are the penalties for those who don’t comply?
If failure to comply with legislation you could face one of these penalties:
- If a business fails to display a ‘no smoking’ sign in premises covered by the law they could receive a fixed penalty of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine of up to £1,000 if taken to court
- If someone is found smoking in a smoke free place they may get a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of a notice) or a fine of up to £200 if taken to court
- If a business fails to prevent smoking in a smoke free place or vehicle they could get fined up to £2,500 if they are taken to court