How does it affect businesses?
On 1 July 2007 the Health Act 2006 introduced a smokefree law which requires virtually all indoor public places and workplaces, including work vehicles to be smoke-free. It affects every business in Eden.
What the law requires
Smoking is prohibited in all enclosed or 'substantially enclosed' public places and workplaces. It is an offence to:
- smoke in smoke-free premises
- permit others to smoke in smoke-free premises
- fail to display warning notices in smoke-free premises
Premises are considered to be 'substantially enclosed' if they have a ceiling or roof, and where openings in the walls are less than half of the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.
Which premises are affected?
Smoke-free legislation affects all premises which:
- the public has access to: e.g. pubs, clubs, restaurants, cafes, etc
- are being used wholly or mainly as a place of work
- are being used wholly or mainly for providing education, heath or care services
'Work' also covers voluntary work, so if a village hall holds an event staffed by volunteers, it must be smoke-free. If the public attended it would be both a workplace and a public place.
What about vehicles?
All vehicles used for public transport e.g. buses, trains and taxis are affected by the law.
Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it is required to be smoke-free at all times. This protects shift and other workers using the same vehicle from the hazards of secondhand smoke.
Are there any exemptions?
Yes. Premises which are used as a full time place of residence for extended periods e.g. private dwellings, residential premises, and adult care homes. Designated rooms in hotels, hostels and bed and breakfast accommodation are exempt since they are places where people live even though they are not private homes.
Where smoking cannot take place outside for safety or health reasons, then designated smoking rooms/areas may be allowed. Such exempted places include prisons and oil rigs.
Penalties
- smoking in a smoke-free place can lead to a fixed penalty of £50 (reduced to £30 if paid in 15 days); or a maximum fine of £200 if convicted by a court
- failure to prevent smoking in a smoke-free place - a fine of £2,500 (no fixed penalty option)
- signage offences - a fixed penalty of £200 (reduced to £150 if paid in 15 days); or a maximum fine of £1000 if convicted by a court
Enforcement
The Council's enforcement staff work closely with businesses to raise awareness of the implications of the legislation. This approach is complemented by inspections which are either proactive for example. to confirm compliance; or reactive in response to complaints.
When considering enforcement action, officers will have regard to the council's smokefree enforcement policy.
Prosecution and the use of fixed penalty notices is not normally the first course of action, but will be used when the seriousness of the situation warrants such action.
Is there anything employers and occupiers of premises should do?
Employers, managers and those in charge of smokefree premises and vehicles will need to:
- Display no smoking signs in smokefree premises and vehicles, signs can be obtained from stationery retailers
- Take reasonable steps to ensure that staff, customers and visitors are aware that premises and vehicles are legally required to be smokefree
- Ensure no one smokes in a smoke free premises or vehicle
- Ensure staff understand the smokefree law and their responsibilities
You may also want to implement the following supportive measures:
- Develop a smokefree policy in consultation with staff
- provide staff and customers with support to quit smoking
For further help or guidance
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Contact: Food, Health and Safety Team, Mansion House, Friargate, Penrith, CA11 7YG
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Telephone: 01768 212491
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Email: env.health@eden.gov.uk
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Fax: 01768 890372
