Smokefree Legislation

From Sunday 1 st July 2007 at 06:00 virtually all enclosed and substantially enclosed public places and workplaces in England will become smokefree.

This will include offices, factories, shops, pubs, restaurants, membership clubs, public transport and work vehicles that are used by more than one person.

Indoor smoking rooms will disappear and anyone wishing to smoke will have to go outside instead.

The Health Act 2006 sets out that premises that are open to the public, or are used as a place of work (by more than one person or where members of the public might attend to receive or provide goods or services) are to be smokefree in areas that are enclosed or substantially enclosed.

Enclosed - Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis. Tents, marquees and similar structures will also be classified as enclosed premises if they fall within this definition.

Substantially Enclosed - Premises are substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. This is known as the 50% rule.

When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings that can be open or shut. A roof includes any fixed or movable structures, such as canvas awnings.

• Private accommodation (there are exceptions)
  
• Accommodation for guests and members (designated bedrooms)
  
• Other residential accommodation in care homes, hospices, mental health units and prisons for adults (designated bedrooms/rooms)
  
• Offshore Installations
  
• Research and testing facilities
  
• Temporary exemption for residential mental health units
  
• Specialist tobacconists
  
• Performers
  

Click here for detailed information on the exemptions

Environmental Health commercial and licensing staff will enforce the new legislation.

The introduction of smokefree legislation in other countries has generally been very positive with complaints being received in the first couple of months only.

Most people comply with the legislation and it is anticipated that this will be the case in England as we are generally a law abiding and compliant society.

• 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 not exceeding level 1 on the standard scale (up to £200)
• Failure to display no-smoking signs - a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine not exceeding level 3 on the standard scale (up to£1000)
• Failure to prevent smoking in a smokefree premises or vehicle - a fine not exceeding level 4 on the standard scale (up to £2500)

Smokefree - What Businesses Need to Do

Employers, managers and those in charge of smokefree premises and vehicles will need to:

1. Display 'no smoking' signs in smokefree premises From 1 st July 2007, all smokefree premises will be required to display a no-smoking sign in a prominent position at each entrance .

Smokefree vehicles will also be required to display a no-smoking sign in each enclosed compartment that can accommodate people.

The Department of Health will make no-smoking signs freely available in the lead up to the new law coming into place. Click here for more information on signage http://www.dh.gov.uk/assetRoot/04/14/29/56/04142956.pdf

2. Take reasonable steps to ensure that staff, customers, members and visitors are aware that premises and vehicles are legally required to be smokefree

3. Ensure that no one smokes in smokefree premises or vehicles

You may want to take these supportive measures:

• Remove ashtrays from smokefree areas
• Develop a smokefree policy in consultation with staff
• Provide your staff and customers with support to quit smoking
• Ensure that your staff and customers know where they can smoke if they choose to

Go to the Smokefree England website for:

• a checklist for businesses of what you need to do
• advice on how to develop a smokefree policy, with sample policies to download
• factsheets to download, frequently asked questions and case studies
• Premises and Enforcement Regulations and Smokefree Signs Regulations to download
• www.smokefreeengland.co.uk

There is no risk-free level of exposure to secondhand smoke. Secondhand smoke contains over 4,000 chemicals in the form of particles and gases - some of these chemicals are dangerous poisons.

Secondhand smoke is estimated to increase non-smoker's risk of getting lung cancer by 24%, and the risk of getting heart disease by 25%. It is also known to cause cancer as well as many other serious health problems.

There is no risk-free level of exposure to secondhand smoke. After just thirty minutes, breathing in secondhand smoke can make blood platelets become more sticky, which means the person has a higher risk of having a heart attack or developing other heart problems.

Secondhand smoke can also linger in an enclosed place long after someone has been smoking. Scientists have also found that ventilation systems are not able to eliminate the risks of secondhand smoke.

Smokefree legislation will save thousands of lives over the next decade by reducing the amount of secondhand smoke in enclosed public places and workplaces, and will provide a more supportive environment for those that want to quit.

• Increased on-the-job productivity, just think of the cost of all those 'smoke breaks'
• Improved working relationships and morale
• Reduced sickness and early retirements due to ill health
• Reduced annual health-care costs and health insurance for smokers
• Fulfilment of health and safety regulations and reduced risk of litigation
• Reduced risk of fire damage, explosions and other accidents related to smoking
• Reduced insurance premiums
• Reduced maintenance and cleaning costs
• Greater appeal to non-smoking customers - the majority of the population
• Increased income - remember all those non-smokers with money to spent

Resources and Guidance

You can make sure your business always receives information on smokefree legislation and how it may affect your business. All you have to do in order to stay informed is register your details on the Smokefree England website and Smokefree England will send you the latest information when it is available.

Smokefree England have also produced various material that you might find useful available to order free of charge.

There are also free downloads available in Smokefree Engand’s Resource Section

The NHS Smokefree England website also has guidance and factsheets to download

Website www.smokefreeengland.co.uk

Smokefree England information line 0800 169 1697