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No Smoking Law
7th July Courtesy of The Publican
From July 1, 2007, virtually all enclosed public places and workplaces in England – including all pubs – must ban smoking.
Pubs in Wales must act by April 2, after the Welsh Assembly rejected a last-
The smokefree legislation in England was set out in Part 1 of the Health Act that was passed by Parliament in 2006.
The government has recently published the final draft versions of the five sets of
smoke-
Most of the regulations are only in the final draft form, and will need to be approved by Parliament before they can be made law. Some, such as the regulations governing the use of signage, have been placed before European Union nations for comment under European Commission requirements.
The final guidelines for England are expected to be available around Easter – but
any changes are expected to be minor. Barring any last-
Are all pubs covered by the smoking legislation?
Yes. Section two of the Health Act 2006 sets out that all premises that are open to the public, or are used as a place of work by more than one person or where members of the public might attend to receive or provide goods or services, are to be smokefree in areas that are “enclosed” or “substantially enclosed”.
What are enclosed and substantially enclosed premises?
Enclosed: According to the regulations premises are enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.
Substantially enclosed: Premises will be considered to be substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls – the ‘50 per cent rule’
- When determining the area of a wall, no account can be taken of openings in which doors, windows or other fittings can be open or shut.
- A roof includes any fixed or movable structures, such as canvas awnings.
- Tents, marquees or similar will also be classified as enclosed premises if they fall within the definition.
Who will enforce the smoking ban?
Councils and, in ports, port health authorities will police the ban. In most cases
it will fall to environmental health departments to enforce the ban as part of their
existing jobs, combining inspections with their other regulatory check-
Last month the Department of Health and the Local Government Association agreed £29.5m funding to help district and metropolitan councils, unitary authorities and London boroughs cope with the increased workload.
Will I be required to inform customers of the ban?
Yes. Section six of the Health Act places a legal duty on persons who occupy or manage
smokefree premises to display strictly regulated no-
Under the Health Act, it will be against the law not to display required no-
What format should the signage take?
All smokefree premises will have to display a no-
position at every entrance. The sign must:
- be the equivalent of A5 in area
- display the international no-
smoking symbol in colour, a minimum of 70mm in diameter - carry the following words in characters that can be easily read: “No smoking. It is against the law to smoke in these premises”.
On the sign, the words “these premises” may be changed to refer to the particular premises where the sign is displayed, for example “this pub”.
The Department of Health and Smokefree England will make signs available free of charge to pubs to order after Easter.
Do I need to include no-
Yes. Staff entrances must display, at the very least, a no-
I live above my pub. Will I still be allowed to smoke there?
Yes. The legislation does not cover private dwellings.
I have letting rooms above my pub. Will I be forced to make them no smoking?
No. The regulations allow for designated smoking bedrooms in hotels, guest houses and inns to be exempt if they meet conditions set out in the regulations, including being designated in writing by the person in charge of the premises.
How much will I be fined if I fail to comply with the law?
For failing to display no-
For failing to prevent smoking in a smoke-
How much will smokers be fined for lighting up in a smokefree place?
£200, or a fixed-
(or £30 if the penalty is paid within 15 days)
Can I allow smokers to light up anywhere outside my premises?
It depends. As well as the possible disturbance to neighbours, you need to consider:
- Whether the operating plans extend to the outside area. If not, you will need to speak to your council
- If the outdoor area is licensed, check the permitted hours. If the outdoor area has an earlier closing time than the bar, customers cannot take their drink with them after the permitted time
- If you want to put up an awning or another structure to shelter people when they are outside, you will need planning permission.
In short, you must
- Ban smoking by July 1 in England, by April 2 in Wales, and April 30 in Northern Ireland, or leave yourself liable to a fine of up to £2,500
- Display the correct no-
smoking signage or face a fine of up to £1,000 - Ensure tyou have a business plan in place to take advantage of the smoking ban NOW
For more information visit www.smokefreeengland.co.uk or call the Smokefree England information line on 0800 169 1697.