July 1st 2007 means smoking is now prohibited in most enclosed and semi-enclosed public and work places in England. This allows everyone to be protected from the harmful effects of second-hand tobacco smoke whilst they work, shop and socialise etc.

I’m a business, what do I need to do?
The new law makes virtually all enclosed and substantially enclosed public places and workplaces ‘smokefree’. This means that offices, factories, shops, pubs, bars, restaurants, membership clubs etc, as well as public transport and work vehicles that are used by more than one person, are to be smokefree by law.

Businesses will need to:

• Ensure they display no-smoking signs as required by the law at entrances to buildings and also in work vehicles used by more than one person.
• Ensure that people do not smoke in any enclosed and substantially enclosed areas of their premises

What does ‘substantially enclosed’ mean?
If an area is covered by a roof or ceiling and the perimeter is enclosed by more than 50% (including doors and windows etc that can be opened) then it is classed as substantially enclosed. This is known as the ‘50% Rule’. This will mean some shop doorways, porches, covered alleyways etc will be classed as substantially enclosed and so must also be smokefree.

What are the signs requirements?
It will be a legal requirement to display an A5 sized sign at all public entrances to your premises, showing a no smoking symbol with the words “No smoking. It is against the law to smoke on these premises”. A smaller No Smoking symbol should be displayed at staff entrances and in vehicles.

Vehicles too?
The new law will cover all vehicles used for work purposes. If a vehicle is only ever used by one person, it will be exempt. Even if it is occasionally used by more than one person it must be smokefree at all times.

Can I build a smoking shelter for my staff?
Any shelter will have to comply not only with the 50% rule mentioned above but will also likely require planning permission as well as ensuring it complies with building regulations. You should consider carefully the siting of any shelter or smoking area and the possibility of increased noise and litter that could cause a nuisance and affect your neighbours.

Can I provide a smoking area for my customers?
Yes, but you should bear in mind the above considerations and there may be others:
Licensed premises should ensure that they are acting within their licence conditions. You may have to apply for a variation of licence, especially if there is to be a change in the layout of the premises. If you have any concerns, contact the licensing team on 01502 562111 or email licensing@waveney.gov.uk  
If you wish to place chairs and/or tables on the public highway you will need permission from the Highways Agency.

Exemptions
There are very few exemptions: Designated bedrooms in hotels and guesthouses, designated rooms in care homes and hospices, specialist tobacconists and offshore installations amongst others. Management will have the final say on whether smoking is to be allowed at all, though if you are not sure if any exemptions apply to your circumstances we recommend you contact us on the number below.

Informing staff
There are also other measures that you may wish to consider to support the introduction of smokefree laws in your organisation. We suggest businesses develop a written smokefree policy to communicate the new law and its implications to their employees. It will also be a good idea to ensure employees are aware of their responsibilities under the new law.

Fines
The new regulations have been well received, however the law does provide fines for those who do not comply. The penalties and fines for the smokefree offences set out in the Health Act 2006 are:

• Smoking in a smokefree premises or vehicle: a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of a notice) or a fine by a court not exceeding level 1 on the standard scale (up to £200)
• Failure to display no smoking signs in smokefree premises and vehicles as required by the new law: a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine by a court not exceeding level 3 on the standard scale (up to £1000)
• Failing to prevent smoking in a smokefree premises or vehicle: a fine by a court not exceeding level 4 on the standard scale (up to £2500)

The manager of the premises is responsible for ensuring nobody smokes in smokefree areas.

More information:
If you are unsure of any aspect of the new law and are looking for specific advice for Waveney area organisations, call: 01502 562111
Waveney District Council Planning Department: 01502 523047 
or visit  http://www.smokefreeengland.co.uk (new window)


Thinking of giving up smoking?
Suffolk Stop Smoking Service can help with free advice as well as workshops and 1-to-1 sessions and group sessions for your staff:
Telephone: 0800 085 6037
Web: http://www.suffolkstopsmokingservice.co.uk (Opens new window)