From 1 July 2007, smoking is illegal in nearly all enclosed public spaces. A failure to comply with the new law carries the risk of a fine of up to £200 for an individual who smokes in a smoke-free area and up to £2500 for a person who manages or controls premises and fails to prevent smoking.

Smoke Free Premises & Vehicles

The smoking ban applies to premises which are enclosed or substantially enclosed. Almost all offices, factories, shops, bars & pubs, clubs, restaurants and public transport will be enclosed premises. A building qualifies as substantially enclosed if it has a ceiling or roof and an open area that is less than half the total area of the walls. This may, for example, include porches and shelters, and it applies to both permanent and temporary structures.

Indoor smoking rooms in public and work spaces are no longer allowed under the new law. If an employer provides an outside smoking shelter with a roof then it must take care to ensure that this is not enclosed or substantially enclosed, otherwise it will fall within the ambit of the legislation and should be kept smoke-free.

The smoking ban also applies to cars, vans and lorries at all times if they may be used by more than one person in the course of paid or voluntary work. It will not apply to vehicles which are used primarily for private purposes or that are used for business purposes but only by one person. It will also not apply to soft-top vehicles when the roof is stowed.

There are some limited exemptions to the smoke-free premises rule. If premises include sleeping accommodation, e.g. hotels and hostels, specific rooms can be designated for smoking provided that they are clearly marked as such. For more information about this, see the Smokefree England website

What employers need to do

• Display “no smoking” signs, which adhere to the minimum statutory requirements, at the entrance to smoke free premises (including vehicles). Appropriate signs can be obtained from the Smokefree England website.

• Take reasonable steps to ensure that staff, customers and visitors are aware that premises are legally required to be smoke-free and to prevent smoking in those areas. In practical terms, employers can take steps such as removing ashtrays from smoke-free areas and developing a smoke-free policy in consultation with their staff.

If you would like further information about the legislation and how it applies to your business please contact Samantha Davis.

This article is not intended to be a full summary of the law and advice should be sought on specific issues.