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small business help - information - news and start up advice arrow Business Law arrow Smoke Free Legislation - A Guide

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Smoke Free Legislation - A Guide

If your business is in England and has its own premises or work vehicles then you need to make sure you are complying with the Smoke Free Regulations of July 1st 2007.

From 1st July 2007 in England (the ban has been in force since March 2006 in Scotland, since 2nd April 2007 in Wales, and since 30th April in Northern Ireland), virtually all enclosed and public spaces are required to be ‘smokefree’.

The manager of the smoke free premises is legally responsible, and must take reasonable steps to prevent people from smoking in them. Failure to do so could mean fines for both the smoker and the business.

To help your business comply with the law, here is a guide to what every business needs to know about the Smoke Free Regulations.


What Is Banned?

All types of smoking are banned from July 1st 2007, including:

  • Cigarettes

  • Cigars

  • Pipes

  • Rolling tobacco

  • Herbal cigarettes.

Where Does the Ban Apply?

Buildings

Almost all public places and workplaces are required to be smoke free.

Smoking is banned in almost any enclosed or substantially enclosed places, including temporary buildings such as tents and marquees. Businesses are no longer allowed to have smoking rooms.

Premises are considered to be enclosed if they have a ceiling or roof, and are totally enclosed either permanently or temporarily (excluding doors and windows).

Premises are considered to be ‘substantially enclosed’ if they have a ceiling or roof, but have an opening in the walls that is less than half the total wall area (not including windows and doors).

For example: A room with a large shutter will still be considered as mostly enclosed because the shutter can be closed.

If you need to check whether your premises need to be smoke free then you need to contact your local council for clarification. However, in the vast majority of cases your premises will need to be entirely smoke free.


Vehicles

All vehicles that are used for paid or voluntary work by more than one person must be smoke free. It does not matter whether the people are in the vehicle at the same time.

For example: If a van is used by one person on their own, it does not need to be smoke free. But if two drivers take it in turns to use the vehicle; it must be smoke free.

Any vehicle that transports members of the public must also be smoke free.

For example: Even if only one person drives a minibus, it must be smoke free because it carries members of the public. (Regardless of whether the members of public are in the minibus whilst the driver is smoking.)


Article Index

1. Smoke Free Legislation - A Guide

2. Smoke Free Legislation - What Must You Do?




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