Smoke Free legislation

Smoke Free workplaces

England will become smoke free on Sunday, 1 July 2007.

The new law is being introduced to protect employees and the public from the harmful effects of secondhand smoke.

From 1 July 2007 it will be against the law to smoke in virtually all enclosed public places, workplaces and public and work vehicles. There will be very few exemptions from the law. Indoor smoking rooms in virtually all public places and workplaces will no longer be allowed.

Second-hand smoking means breathing in other people's tobacco smoke. The health risks of exposure to second-hand smoke or 'environmental tobacco smoke' (ETS), as it is also known, are clear.

The Scientific Committee on Tobacco and Health concluded that Exposure to secondhand smoke:

• is a cause of lung cancer and, in those with long-term exposure, the increased risk is 20-30 per cent 
• is a cause of heart disease, and represents a substantial public health hazard
• can cause asthma in children, and may increase the severity of the condition in children already affected

How will this affect your business?

As an employer, you must not allow your staff or visitors to smoke anywhere in the building. Employers who allow smoking in the premises will be liable to a £2,500 fine. If members of the public or employees smoke in a smoke free building, they could also be liable to a £200 fine following prosecution. You are under no obligation to provide smoking shelters.

What do I have to do to comply with the law?

You must ensure that the standard ‘no smoking’ sign is displayed at all entrances and exits.

• Any vehicles owned by your business will also need to display the standard ‘no smoking’ sign
• Although a smoking policy is not a legal requirement, it is recommended that you implement one. A model No Smoking Policy is available for you to download.

The approach adopted by an employer in developing a policy will determine its success. It is essential that a smoke-free workplace be promoted in terms of the positive benefits. A smoke free work environment equals cleaner air and better health for staff, customers and the general public, and supports smokers who want to quit.

If you decide to make structural modifications in your premises to accommodate the new legal requirements, you may need planning permission. Please contact our Planning Department for further information.

More information can be gained from the following websites:

• Smoke Free England (opens in a new window)
• Global Smoke Free Partnership (opens in a new window)
• Chartered Institute of Environmental Health (opens in a new window)
• Action on Smoking and Health (opens in a new window)

Our Environmental Health Department can provide additional information to achieving Smoke Freedom. You can contact us on 0115 931 6030.