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Smokefree Legislation

The Health Act 2006

From 1 July 2007, virtually all enclosed public places and workplaces became smoke free.  This is part of The Health Act (2006).

You can find all the legislation on the Smokefree England website.

The new law affects most public places, including offices, factories, shops, pubs, bars, restaurants private clubs, public transport and work vehicles that are used by more than one person. The law will also mean that indoor workplace smoking rooms will no longer be permitted so anyone wishing to smoke will have to go outside.

All enclosed workplaces and public places will be smokefree, with some residential exemptions.

The following must be smokefree:

  • Every workplace, where more than one person works, or where members of the public may go to seek or receive services or goods. This applies to premises or areas of premises that are enclosed or substantially enclosed
  • Public Transport and work vehicles
  • Premises open to the public (whether by invitation or not, and whether on payment or not)

The following places can be designated as smoking places:

  • Private residential spaces within adult hospices, prisons and long-stay adult residential care facilities
  • Other enclosed spaces that act effectively as a person’s dwelling (e.g. designated bedrooms in hotels, hostels and halls of residence)

People will be able to smoke outside premises, and businesses may provide a place for people to smoke by having a smoking shelter. This must be at least 50% open sided. So it may be a one-sided shelter with a roof, or have panels which only cover the middle section of each side, or even be a large gazebo-like umbrella. A built shelter will need planning permission, and for any structure on a listed building you should get advice from the planning department on whether it needs permission.

You also need to think about the nuisance and health and safety issues that may affect the business if you do provide a shelter. Guides to considering these issues can be found here:

PDF file nuisance_noise_and_public_order.pdf (22KB - 22 August 2011 - PDF Help)
PDF file smokefree_england_planning_implications.pdf (18KB - 22 August 2011 - PDF Help)
PDF file self_audit_tool.pdf (26KB - PDF Help) (26KB - 22 August 2011 - PDF Help).

Offences

  • Failure to display No Smoking signs
  • Smoking in a smokefree premises/ place/ vehicle
  • Failure to prevent smoking in a premises

Businesses will have to stop people smoking on the premises, and put up signs at each public entrance to the premises.You can download signs from the Smoke Free England website.

A manager in charge can be fined for failing to display the right no-smoking signs, or if they allow others to smoke in a public place.

Premises where No Smoking signage is not displayed may be given a fixed penalty notice of £200 and could face fines of up to £1,000.

Individuals smoking in smokefree areas could be issued with a fixed penalty notice of £50 (reduced to £30 for prompt payment) or fined up to £200 if the case goes to court. Having a lit cigarette is considered smoking, even if the person is not seen smoking it.

Managers of premises that allow smoking could be fined of up to £2,500.

The Council’s Environmental Health Officers will be responsible for enforcing the legislation. Officers will be able to require personal details, serve Fixed Penalty Notices (FPN) or start legal proceedings for non-compliance.

PDF file East Devon's smoke free enforcement policy. (136KB - 22 August 2011 - PDF Help)

Page last updated on 25 May 2012