HR Advice

Practical applications of the smoking ban

The Smoke-free (Premises and Enforcement) Regulations 2006 ban applies in all enclosed or ‘substantially enclosed’ public places and workplaces, as well as certain vehicles used for work.

This narrows it down to two categories in which smoking will be prohibited:

• Enclosed: premises which have a ceiling or roof and are enclosed either on a permanent or temporary basis.
• Substantially enclosed: premises which have a ceiling or roof and an opening in the walls which is less than half the total area of the walls. (This does not include doors, windows or any fitting which can be opened or shut.)

Company Cars

The new law requires company cars to be smoke-free at all times. In addition:

• Smoke-free vehicles will need to display a no-smoking sign in each compartment of the vehicle in which people can be carried. This must show the international no-smoking symbol no smaller than 70mm in diameter.
• It is the legal responsibility of anyone who drives, manages or is responsible for order and safety on a vehicle to prevent people from smoking.

Exceptions

Smoking rooms in UK offices are no longer permitted, but there are a number of exceptions to the new law:

• Hotels, inns, hostels, guesthouses and members’ clubs that provide sleeping accommodation are allowed to designate individual guest bedrooms for smoking. However, all other parts of the premises must be smoke-free.
• Care homes, hospices and prisons may designate individual bedrooms or rooms to be used for smoking by persons over 18 years of age.
• Residential mental health institutions may designate individual bedrooms or rooms to be used only for smoking for use by persons over 18 years of age, until 1 July 2008.
• Offshore operations may designate rooms to be used only for smoking.

Enforcement

Local authorities will be responsible for enforcing the new law, with an approach of helping businesses to comply. However, they will have the legal power to enter premises or board vehicles to determine if the new law is being upheld.

Smoking in a no-smoking zone carries a:

• Fixed penalty notice between £30 (if paid in 15 days) and £50 (if paid in 29 days).
• Court-awarded fine of up to £200

Failure to display the required no-smoking signs:

• Fixed penalty notice between £150 (if paid in 15 days) and £200 (if paid in 29 days).
• Court-awarded fine of up to £1,000.

Failure to actively prevent smoking in a no-smoking zone:

• Court-awarded fine of up to £2,500.

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