Smoke Free - Frequently Asked Questions
- What is the definition of ‘smoking’?
- What buildings need to be smoke free?
- What does ‘enclosed’ mean?
- What does ‘substantially’ enclosed mean?
- What about 'smoking shelters'?
- Examples of possible smoking shelters and whether they pass the 50:50 rule
- What will the smoke-free legislation mean in practice to me as a business manager or owner?
- What about vehicles?
- Are there any exemptions?
- What about entrances to buildings?
- How will the legislation be enforced?
- What are the penalties for non-compliance?
- Do employers have to provide smoking breaks or outside smoking areas?
- Is there help for staff to stop smoking?
- Can I get help to make my business smoke-free?
What is the definition of ‘smoking’?
- Smoking tobacco, or anything which contains tobacco
i.e. cigars, roll ups etc. - Smoking any other substance i.e. herbal cigarettes
- Being in the possession of something lit that could be smoked.
This definition includes shisha (water) pipes, hookah, bongs etc.
What buildings need to be smoke free?
All buildings or premises which are wholly or substantially enclosed and used either;
- By the public or where members of the public attend at any given time, even if they are not present all the time,
- Or as a place of work by more than one person.
Smoking rooms will no longer be allowed.
An enclosed premise, whether permanent of temporary, has a ceiling or roof and is enclosed by walls not including windows, doors etc.
This will therefore include marquees and tents.
What does ‘substantially’ enclosed mean?
Premises will be considered substantially enclosed if they have a ceiling or roof and the openings in the walls are less than half of the total area of the walls (the 50% rule). Gaps and missing walls are examples of opening in the walls.
A roof includes any fixed or moveable structure or device, i.e. retractable canvas awning, capable of covering all or part of the premises.
What about 'smoking shelters'?
Smoking will be allowed in outdoor shelters which are not substantially enclosed, in other words, more than 50% of walls are missing. For example, over-head awnings and gazebo’s would be ok if they had no walls. The diagrams below show a few examples of what is and isn’t acceptable under the 50% rule.
Structures such as thick hedges or fences which are very close to shelters such as gazebo’s and awnings will be considered as it’s ‘walls’ as they will contribute to creating an enclosed space. In addition, free standing shelters should be situated a reasonable distance away from any other buildings or walls to allow adequate ventilation. To comply, any gaps in shelters must be fully open to avoid trapping smoke.
Examples of possible smoking shelters and whether they pass the 50:50 rule
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What will the smoke-free legislation mean in practice to me as a business manager or owner?
Employers, owners and managers must make all reasonable efforts to ensure no smoking takes place upon their premises or in their vehicles after 01/07/07 (excluding 1 person companies or vehicles).
They must have a smoking policy (written or oral) and this policy must be communicated to employees.
Appropriate signage should be displayed in all buildings and vehicles, which adheres to the minimum standards stated in the legislation.
Signs must be;
- Displayed at each public entrance to the premises
- In a position that is prominently visible to persons entering the premises
- Are A5 (148mm by 210mm) in size
- Include the international red ‘no smoking’ symbol and any new signs must include the words ‘No smoking. It is against the law to smoke on these premises’
The department of health will make these signs available free of charge to all businesses.
Vehicles used at a workplace by more than one person, regardless if they are not in the vehicle at the same time, will also have to be smoke free at all times. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks, long after a cigarette has been stubbed out.
All vehicles will need to prominently display ‘no smoking signs’.
Certain establishments where people live and which are also workplaces, such as prison cells, hospices, long stay residential homes, and oil rigs may be exempted (to be confirmed shortly). However this does not mean that smoking will be allowed throughout the premises. Instead, employers will have to identify ‘designated smoking rooms’ which meet the following specifications;
- Are completely enclosed, except for windows / doors, on all side by solid floor to ceiling walls
- Do not have a ventilation system that ventilates into any other smoke free part of the premises
- If a door opens into smoke free premises, it needs to close by mechanical means
- Are clearly marked as a room in which smoking is permitted.
It is up to management of individual buildings to decide if visitors will be allowed to access smoking rooms. The exemption exists for residents only and therefore should not be used by staff. There is no obligation for employers of exempt places to have ‘smoking rooms’ if they do not wish to do so.
In addition hotels may have designated smoking rooms - but these must be registered as such and they should only be sold as smoking rooms.
Other exempted businesses are:
- Specialist tobacconists
- Research and testing facilities – doing research involving tobacco smoke.
What about entrances to buildings?
Outside areas are not covered by the legislation. However, managers may want to consider making it a policy that smoking is not permitted within a certain distance of the front of their companies’ buildings or main entrance. You may not find it desirable to have a constant stream of smokers taking their smoking break in your building’s main entrance, which will mean that staff and visitors to your company have to walk through a cloud of smoke to get into the building. This will also avoid the litter problem of discarded cigarette butts outside your entrance.
How will the legislation be enforced?
The legislation will be enforced by Environmental Health Officers via:
- Routine inspections
- In response to complaints
- Spot checks
However the council will be aiming to provide information and support to enable compliance, rather than adopting a heavy handed approach.
What are the penalties for non-compliance?
Enforcement authorities, such as environmental health officers, will be authorised to issue the following penalties:
- Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
(early payment discounted amount £150) - Smoking in a no-smoking place: up to £200 or a penalty notice of £50
(early payment discounted amount £30) - Failing to prevent smoking in a smoke free place; up to £2500 with no fixed penalty option.
Do employers have to provide smoking breaks or outside smoking areas?
No, on both counts.
By Law, employers must give staff an uninterrupted rest break of 20 mins when their daily working time is more than six hours. As far as smoking breaks are concerned, companies have the right to choose whether they:
- Limit staff to only smoking within this statutory break
- Permit staff to take ‘as and when required’ smoking breaks
- Set specific limits, such as a max of 3 smoking breaks per day which should not exceed 10 mins each.
It is worth considering that when added up - the average smoker spends approx half a day a week on smoking breaks.
As an employer you must decide whether or not to permit smoking elsewhere on your premises, e.g. in open car parks, grounds, or specially provided shelters. and you should indicate where smoking is allowed in your smoking policy. If you wish to provide an outside smoking shelter it must comply with the 50:50 rule previously described.
The TUC has published guidance on negotiating smoke free workplaces – see www.smokefreeaction.org
Is there help for staff to stop smoking?
The NHS offers a wide range of excellent, free and easily accessible support for smokers including:
- Local stop smoking services, ‘time to stop’
- The NHS Smoking Helpline on 0800 1690169
- www.givingupsmoking.co.uk
- Nicotine replacement therapy (NRT) on prescription
Information about the local NHS Stop Smoking Service can be found at www.berkshire.nhs.uk/timetostop or by telephoning Jenny Reaper at the NHS stop smoking services on 01344 823364.
Free in-house smoking cessation can also be arranged for you staff via ‘Smoke Free Working.’ This organisation offer specialist ‘stop smoking’ support to the business community. For further information telephone Camilla Peterken at Smoke Free Working on 01737 844249
Can I get help to make my business smoke-free?
Yes!
- Follow links on this council website to find local smoke free contact details.
- Phone the Smoke free England Information Line 0800 169 1697 and register for latest updates and FREE resources.
- Visit www.gosmokefree.co.uk
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