Smoking - Tourism North East

Smoking in Public Places

Smoking legislation

The Smoke-free (Premises and Enforcement) Regulations 2006 came into effect on 01 July 2007. Since this time, it has been against the law for anyone to smoke indoors in any public place or vehicle that is enclosed or substantially enclosed. This applies to all places that are not solely (or in the case of vehicles, primarily) used for private purposes. The legislation has been designed to protect smokers and non-smokers alike and to protect the public, employees and employers from the effects of second-hand smoke. According to the Department of Health, second-hand smoke contains over 4,000 chemicals, many of which are highly toxic, and more than 50 of which are known to cause cancer.

Where do the regulations apply?

All vehicles, buildings and structures, whether they are permanent or temporary (eg marquees or gazebos), that can be used or visited by members of the public or employees are affected, provided they are enclosed or substantially enclosed. Enclosed means having a roof, walls, windows and doors that shut (like a normal house or office). Substantially enclosed means having a roof of any kind (even an awning) and any wall, doors or windows that can shut (even if just rolled or flapped down) and, when shut, close off more than 50% of the total wall area. See below for examples.

Vehicles that are used primarily for private purposes are not required to be smoke free. All other vehicles (including boats, trains and planes) that are used by the public or that can be used by more than one employee (even if they are never in the vehicle at the same time) must be smoke free. This applies even when two or more employees are smokers themselves, since the law protects smokers and non-smokers alike.

Private dwellings and self-contained holiday accommodation

The law doesn't apply to private dwellings or to self-contained temporary or holiday accommodation like cottages and caravans. But any parts of a building that are communal areas (like stairwells and lifts, or communal laundry areas) are covered by the regulations.

Working from home

If you work from home, the part of your home that is used solely for work is covered by the smoke-free law if:

it is used by anyone who doesn't live there
it is visited by members of the public to collect/deliver goods or to use services

Guest accommodation

Hotels, guest houses, hostels etc that provide sleeping accommodation can, if they wish, provide designated smoking bedrooms (although there are strict rules, see below) but all other areas must be smoke-free. The regulations don't apply to any parts of a bed and breakfast/guesthouse etc that are private, unless any of those areas are also used by staff, in which case they must be smoke-free.

Your obligations

To comply with the regulations you must:

Place an A5 sized sign at each entrance to your building. The sign must show the international no-smoking sign (burning cigarette, struck through with a diagonal red line and enclosed in a red circle), which must be at least 7 cm across, and the words, "No smoking. It is against the law to smoke in these premises". You can substitute the words 'these premises' with ones of your own eg, 'this guesthouse', 'this attraction'. You can download or order signs from www.smokefreeengland.co.uk/resources. Signs can also be ordered from the Smokefree England information line on 0800 169 169 7. You may make your own signs if you wish, but they must be as described.
Place a 7cm (at least) international no-smoking sign at each entrance to separate areas in your establishment. Place these at entrances to, for example, a restaurant at an attraction, a bar at a hotel, or the staff entrance to a building.
Place a 7cm international no-smoking sign in each compartment of a smoke-free vehicle.
Ensure you prevent staff and customers from smoking in your premises and vehicles, and you must take immediate action to stop anyone, customer or staff, who breaks the law by smoking in a smoke-free place.
enforce them

Smoking on a smoke-free premises, by anyone, is against the law. You can be prosecuted and fined up to £2500 for failing to prevent someone smoking. You must be able to demonstrate that, at all times, you have taken all possible steps to prevent or stop someone from smoking. This includes displaying the signs, as above, and training your staff. You must make them aware that they cannot smoke themselves and train them on how to deal with anyone breaking the law (see below).

Designated smoking bedrooms in guest accommodation

In serviced accommodation you may, but are not obliged to, designate some bedrooms as smoking bedrooms. If you wish to do this. the following apply by law:

the room must have a ceiling and, apart from windows and doors, must have solid floor to ceiling walls.
the room must not have a ventilation system (including air conditioning) that ventilates into any other part of the building (except other designated smoking rooms) or into any other smoke-free premises.
the doors to the room must be mechanically-closing doors (these must also comply with other regulations like fire and health and safety regulations).
the room must be clearly marked as a smoking bedroom (you can design your own signs, no specific one is required).
the room must be designated, in writing, by the owner or manager, as a smoking bedroom and this written notification must be kept permanently, and made available for inspection.

You should follow normal health and safety guidelines to minimise any dangers to staff who work in these areas, for example cleaning or room service staff. See www.hse.gov.uk for more.

Performers

One other exception that may apply to businesses in the tourism and leisure sector is for performers. Where, in the interests of authenticity or artistic integrity, a performer is required to smoke as part of a performance, they may do so in a smoke-free premises but only that performer may smoke, and only in the part of the building where the performance takes place and only for live performances and not for rehearsals. Both the performer and the owner/manager of the premises are liable for correctly meeting the law, and both could be prosecuted for any infringement.

Dealing with people who break the law

If an employee smokes in a place you are responsible for you must make them aware they are breaking the law. As this is serious misconduct, you should invoke your normal disciplinary procedures.

If a customer or other member of the public smokes in a place you are responsible for, the advice, from the department of health is:

Point to the no-smoking signs and ask them to stop smoking or go outside.
Remind them that it is against the law to smoke in a smoke-free place, and that you would be breaking the law if you allowed them to smoke. You could both be fined.
If they won't stop, explain that staff are not allowed to serve them if they continue to smoke and that they will be asked to leave.
If they still won't stop, ask them to leave.
If physical violence is threatened by someone who is smoking, call the police.

Providing outdoor smoking shelters

You are not obliged by law to provide outdoor smoking shelters but you may wish to do so. Any smoking shelter must not be more than 50% enclosed by any walls, windows or doors that can be shut. The examples below are taken from the Department of Health's guidance.

Smoking Shelters

Check with your local authority before building a shelter - planning, building control, noise and litter must all be considered.

Enforcement and penalties

Your local authority is responsible for enforcing the smoke-free regulations. They can also give you help and advice - check any areas you are not sure about with them, especially about building shelters. Penalties for breaking the law are as follows:


Offence	Fixed penalty (payable within 29 days)	Court awarded fine
Smoking in a smoke-free place	£50 or £30 if paid within 15 days	Up to £200
Failure to display the correct no-smoking signs	£200 or £150 if paid within 15 days	Up to £1000
Failure to prevent smoking in a smoke-free place	n/a	Up to £2500

If you fail to pay a fixed penalty notice, or wish to contest one, then the case will be heard by the courts, and if upheld, you may be liable to the maximum fine.

Advice, resources and guidance

The Department of Health provides detailed guidance on meeting the legislation.

www.smokefreeengland.co.uk
This is the Department of Health website for all matters connected to the smoke-free laws. You can download signs, policy templates, information about stopping smoking and there is guidance for health and safety for staff who work in exempt areas, such as designated smoking bedrooms.

'Everything you need' guidance on the smoke-free law
This is an excellent booklet that can be downloaded from the www.smokefreeengland.co.uk website.

Smokefree England Helpline 0800 169 169 7
Call this information line for any help and guidance on the Smokefree laws.

www.hse.gov.uk
Visit the Health and Safety Executive site and search for 'protecting employees from second-hand smoke' for advice on how to manage the risks of staff who may still be exposed to smoke hazards.