A law requiring smoke-free environments in virtually all workplaces came into effect on 1 July 2007. It ensures that all workers and members of the public are protected from the harm caused by tobacco smoke
- What is the definition of ‘smoking’?What is the definition of ‘smoking’?
- What workplaces and public places are covered by the legislation?
- How does it affect specific businesses?
- 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 is the legislation 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?
- Where can I find out more information about being smokefree?
What is the definition of smoking?
- Smoking tobacco, or anything which contains tobacco
ie, cigars, roll ups etc - Smoking any other substance ie, herbal cigarettes
- Being in the possession of something lit that could be smoked - this includes shisha (water) pipes, hookah, bongs etc.
What workplaces and public places are covered by the legislation?
The legislation covers virtually all enclosed and substantially enclosed public places and workplaces, including shops, offices, factories, pubs, restaurants, public transport, and work vehicles used by more than one person. Indoor workplace smoking rooms will disappear so anyone wishing to smoke must go outside instead.
How does it affect specific businesses?
- Hotels, B&Bs, pubs with bedrooms: All public areas, eg, reception, dining, bar and corridors, have to be smokefree. The legislation does not require smokefree bedrooms, but if smoking is allowed in a bedroom it needs to be clearly signposted as ‘smoking room’, its ventilation system must not link into smoke-free public areas and it must have doors fitted with a mechanically closing device to prevent smoke drift.
- Taxis, mini cabs, private hire car: smoke-free at all times and display no-smoking signage
- Hair salons: smoke-free at all times, including a shop in a person’s home, and display no-smoking signage
- Shopping malls: totally smoke-free including food outlets with no-smoking signage at the entrance to the mall and at the entrances to shops within the mall
- Schools: smoke-free in enclosed buildings; schools applying for the National Health School Standard are also required to make their entire site includes grounds smoke-free.
- Pubs: smoke-free in the pub itself; smoking is permitted in outside smoking shelters which meet local authority’s licensing, planning and highways regulations.
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 or 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 (ie, gaps and missing walls) are less than half of the total area of the walls (the 50% rule).
A roof includes any fixed or moveable structure or device, ie, retractable canvas awning capable of covering all or part of the premises.
What about 'smoking shelters'?
Smoking is 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 gazebos would be acceptable 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 gazebos and awnings will be considered as its ‘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 does the smoke-free legislation mean in practice to me as a business manager or owner?
Since smoke free legislation came into force on 1 July 2007 employers, owners and managers must make all reasonable efforts to ensure no smoking takes place upon their premises or in their vehicles (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
- 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’
Vehicles used at a workplace by more than one person, even 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’.
Private dwellings are not covered by the legislation. Certain establishments where people live and which are also workplaces, such as prison cells, hospices, long-stay residential homes, and oil rigs are exempt. 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 or doors, on all sides 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.
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 is the legislation enforced?
The legislation is enforced by environmental health officers via:
- Routine inspections
- In response to complaints
- Spot checks
What are the penalties for non-compliance?
Enforcement authorities, such as environmental health officers, are 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 minutes 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 maximum of three smoking breaks per day which should not exceed 10 minutes each.
It is worth considering that when added up, the average smoker spends approximately half a day a week on smoking breaks.
As an employer you can decide whether or not to permit smoking elsewhere on your premises, eg, in open car parks, grounds, or specially provided shelters. 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 described above.
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
Where can I find out more information about being smokefree?
Visit www.smokefreeengland.co.uk or phone the Smokefree England Information Line 0800 169 1697.
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