The information on this page is presented in the format of frequently asked questions. Please click a question from the index below to see the appropriate answer.
What is the legally required no-smoking sign and where must it be displayed?
All smokefree premises must display a no-smoking sign in a prominent position at each entrance:
On the sign, the words "these premises" may be changed to refer to the particular premises where the sign is displayed, for example "this hotel" or "this NHS clinic".
The regulations state that a no-smoking sign which only displays the international no-smoking symbol in colour, a minimum of 70mm in diameter, can be displayed as a minimum requirement at entrances to smokefree premises which are for staff only or are located within other smokefree premises (for example, a shop within an indoor shopping centre).
What fines are imposed for failing to comply with the legislation after 1 July 2007?
If you smoke in a smokefree premises or vehicle you could be served with a fixed penalty notice of £50 or a fine up to £200.
If you fail to display a no-smoking sign in a smokefree premises or vehicle you could be served with a fixed penalty notice of £200 or a fine up to £1,000.
If you fail to prevent someone smoking in a smokefree premises or vehicle you may be fined up to £2,500.
What sort of smoking does the legislation cover?
The legislation covers all smoking. Smoking refers to smoking tobacco or anything which contains tobacco, or smoking any other substance, such as herbal cigarettes, water pipes including shisha pipes. Smoking also includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.
What qualifies as a smoking shelter?
As a basic rule of thumb, if the shelter is more than 50% enclosed, it is prohibited. You must have a ceiling, roof, walls and doors which when combined make up less than 50% surface area of the whole structure.
Do I legally have to provide a smoking shelter?
There is no legal requirement for you to provide a smoking shelter for staff or the public, but if you do, it must comply with the 50% rule. You should also contact the regulatory enforcement and planning department prior to erecting a structure.
What about taxis?
If you use your own personal vehicle as a taxi, it must be smokefree at all times, even when it is being used for personal reasons. You must also display the legally required no-smoking sign. The no-smoking sign must be displayed in each enclosed compartment that can accommodate people. The no-smoking signs must display the international no-smoking symbol in colour, a minimum of 70mm in diameter.
Will planning permission be needed or building control consent?
Planning permission is likely to be required for the erection of any extension or free standing building or structure. The building control department can provide informal pre-application advice on the likelihood of requiring and gaining planning permission. You are strongly advised to seek planning permission before you erect any kind of smoking shelter or structure. One issue you will need to consider when providing an external smoking shelter is the effect on neighboring properties and the impact of littering, noise and increased nuisance.
What if I work alone?
If your workplace is used as a place of work by someone else, even if the person who works there does so at different times, or if members of the public have access, even if members of the public are not always present, it must be smokefree all the time. However, if you work from home, and it’s not used as a place of work by other people who don’t live there, or visited by the public, it will not need to be smokefree.
What about rest/smoking breaks?
Employees must be allowed a rest break of at least 20 minutes if their daily working time is more than six hours. Staff may choose to smoke during their rest period but they must not smoke in an enclosed/partially enclosed area. You may provide designated shelters outside where people can smoke but this is not a legal requirement. Your smoking policy should clearly state when and where smoking outside is allowed.
Do I have to have a smoking policy?
No you do not, however you do need to take reasonable steps to ensure that staff, customers and visitors are aware that the premises or vehicle are legally required to be smokefree, which can be done via a policy.
An example of a smokefree policy can be downloaded free of charge from the Smokefree England website.
For all enquiries please contact the Customer Service Centre
01753 475111
My Council
Landmark Place
High Street
Slough
opposite Slough Library
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