The Smoking Ban and the Law
England
Smoking in enclosed public places will be banned in England from 1 July 2007.
Fines for smoking in non-smoking areas are to be raised from £200 to £2500
See the initial report from the BBC, and the BBC's Q & A here. See also The Publican and The Morning Advertiser for coverages from the trade point of view.
Wales
A smoking ban is to be introduced on April 1 2007. For official information see www.smokingbanwales.co.uk and www.gwaharddsmygucymru.co.uk
A copy of the Smoke-Free Premises etc. (Wales) Regulations 2007 is available at www.smokingbanwales.co.uk/english/?nID=42
For the Report of the Welsh Assembly Committee on Smoking in Public Places see www.wales.gov.uk/keypubassemsmoking/content/report-e.pdf
Scotland
A smoking ban has been in place since March 2006. For all Scottish law refer to www.clearingtheairscotland.com
UK
The Health Act 2006 (July 2006) applies to England and Wales. It devolves powers to the National Assembly of Wales to make regulations in Wales, so there are differences in the way the law works in the different countries.
A full copy of the Health Act 2006 is available here and an updated summary issued in December is here.
There are three possible offences as a result of the Health Act
To comply, every business and organisation to which the law applies will need to take all ‘reasonable precautions’ to ensure that employees, customers and other visitors don’t smoke on their premises.
It is recommended you take the following actions:
*Please be aware that this information is provided as a guide only, before undertaking any changes to your premises in relation to the Smoking Ban you should seek advice from your local authority
England
Smoking in enclosed public places will be banned in England from 1 July 2007.
Fines for smoking in non-smoking areas are to be raised from £200 to £2500
See the initial report from the BBC, and the BBC's Q & A here. See also The Publican and The Morning Advertiser for coverages from the trade point of view.
Wales
A smoking ban is to be introduced on April 1 2007. For official information see www.smokingbanwales.co.uk and www.gwaharddsmygucymru.co.uk
A copy of the Smoke-Free Premises etc. (Wales) Regulations 2007 is available at www.smokingbanwales.co.uk/english/?nID=42
For the Report of the Welsh Assembly Committee on Smoking in Public Places see www.wales.gov.uk/keypubassemsmoking/content/report-e.pdf
Scotland
A smoking ban has been in place since March 2006. For all Scottish law refer to www.clearingtheairscotland.com
UK
The Health Act 2006 (July 2006) applies to England and Wales. It devolves powers to the National Assembly of Wales to make regulations in Wales, so there are differences in the way the law works in the different countries.
A full copy of the Health Act 2006 is available here and an updated summary issued in December is here.
There are three possible offences as a result of the Health Act
- Failing to display correct signage (as defined by the National Authority)
- Smoking in a smoke-free place
- Failing to prevent smoking in a smoke-free place
To comply, every business and organisation to which the law applies will need to take all ‘reasonable precautions’ to ensure that employees, customers and other visitors don’t smoke on their premises.
It is recommended you take the following actions:
- Display the required ‘No Smoking’ signs in such a way as to make staff, customers and visitors aware that they must comply with the new smoking law. (You can download a copy of the signs regulations from here.)
- Remove all ashtrays
- Develop and implement a smoke-free policy with staff to ensure that infringements by employees, customers, members etc are dealt with under agreed procedures.
- Inform anyone smoking that he/she is committing an offence
- Request that they extinguish their smoking material immediately or leave
- Refuse service to individuals who are smoking against the law (if your business provides as service for customers or members)
*Please be aware that this information is provided as a guide only, before undertaking any changes to your premises in relation to the Smoking Ban you should seek advice from your local authority
