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You are here: Home > Environment > Environmental Health > Health and Safety > Working Environment > SmokeFree

SmokeFree

This section contains information about going Smokefree.

From 1 July 2007 England went Smokefree.

This means that smoking is generally not permitted inside public buildings and workplaces. Public transport and work vehicles are affected.

Portable ash trays
A limited number of FREE portable ash trays are available to smokers from Council Help Shops.

Below are some of the frequently asked questions about going smokefree.

Why is this necessary?
Where am I able to smoke?
What does a business have to do?
What does an individual have to do?
What signs do I use?
What are the fines and punishments?
What about Smokers' Shelters?
How will the Council enforce this new law?
How to complain or report a problem
Useful links

Why is this necessary?

The restriction on smoking is to protect everyone from second-hand smoke and prevent passive smoking. It is generally recognised as a cost effective public health intervention which is supported by the general public.

An Office for National Statistics survey (released in July 2006) found that:

• 91% of people favoured smoking restrictions in restaurants
• 86% supported restrictions at work

Due to the medical effects of smoking and passive smoking resulting in ill health and premature deaths it is sensible to protect people from exposure to tobacco smoke.

The impact of second-hand smoke (passive smoking).

• 11,000 deaths from general exposure
• 700 deaths from specific workplace exposure
• 54 premature deaths each year in UK hospitality industry employees

(Reference: BMJ article 02/03/2005. Konrad Jamrozik)

Other effects of exposure to second-hand smoke.

• Increase risk of coronary heart disease and strokes
• Reduced lung function
• Increased severity of asthma and a trigger for asthma
• Eye irritation, headaches, coughs, sore throat, dizziness and nausea

Second hand smoke contains over 4000 chemicals. Over 50 are known to cause cancer. Around 85% of second-hand smoke is invisible and odourless.

Ten reasons to go smokefree

1. Second-hand smoke exposure kills and harms health
2. Every worker has the right to be protected from exposure to
   tobacco smoke
3. Scientific evidence shows that ventilation does not protect
   against exposure to tobacco smoke
4. Smokefree laws do not result in negative economic effects
5. Freedom of choice includes the responsibility not to harm others
6. The public supports smokefree legislation
7. The public complies with smokefree legislation
8. It has been done elsewhere. It can be done everywhere
9. It is a cost effective public health intervention
10. Comprehensive smokefree policies work

Where am I able to smoke?

Any smoker should respect any smoking restrictions. Around buildings green and white signs may indicate areas designated for smokers. From 1 July 2007 there will be very few places where smokers can smoke, legally, inside premises. When smoking outside then smokers should try not to block entrances and get in the way of others.

Smoking will not be allowed in:

1. Enclosed or substantially enclosed public places.
   e.g. Indoor shopping centres, leisure centres, cinemas, exhibitions, college campus buildings
   
   The law refers to enclosed public places. This means the place has a roof or ceiling and walls. The term roof includes any fixed or movable structures that can cover all or part of the premises as a roof.
   
   The law also refers to substantially enclosed. This means a public place with a roof and walls that enclose the space by more than 50%. What does this mean? If you have a structure with a roof or ceiling then smokers cannot use it if the opening in the walls is less than 50%. The golden rule is that an enclosure can be used for smoking if it is open to the air more than enclosed by walls.)

2. All places of work used by more than one person
   e.g. offices, shops, factories, pubs, restaurants, workshops
   
   Most workplaces will have to be completely smokefree and this includes any canteens or crew rooms. Smoking will only be allowed by law outside the workplace building. Some businesses will impose stricter requirements than the law, as company policy. Most businesses will have a Smoking Policy and staff that break the law or do not comply with a no-smoking company policy may be subject to disciplinary procedures. Employees should know what is expected of them at work.

3. Vehicles
   e.g. buses, taxis, private hire, coaches, college minibuses, delivery vans, haulage lorries
   
   Smoking will not be permitted in such vehicles to protect people from second-hand smoke. It is accepted that soft furnishings, such as the cushions and any carpeting, absorbs the hazardous chemicals in smoke and these are released over time. Smoking will therefore not be allowed, by law, where vehicles are shared (except private vehicles used exclusively by the family etc).

What does a business have to do?

• Premises: display No-Smoking signs at every entrance, in a prominent position.
• Vehicles: display No-Smoking signs in each compartment (driver's and passenger compartments).
• Prevent anyone from smoking when smoking is not permitted by law and this means taking ‘reasonable steps’. Reasonable steps would include advising all staff that smoking is no longer permitted as well as the company rules on smoking; removing ashtrays from reception; closing any smoking rooms. It is recommended that managers decide, in advance, how to act when staff or customers insist on smoking and breaking the law.

More information is available on the excellent website www.smokefreeengland.co.uk. There is comprehensive information on what is required with Guidance that can be downloaded and in a variety of languages. Signs can be ordered for your business.

There is also a help line number 0800 169 1697.

Reigate and Banstead Borough Council can also give advice on this law. Please contact our Smokefree Officer, Rebecca Fisher, on 01737 276209 or the Health and Safety Team in Environmental Health Services on 01737 276414.

What does an individual have to do?

• Not smoke where smoking is not allowed. The general public want this smoking ban and people should have respect for others and obey the law.
• Smokers should also respect their environment and avoid carelessly throwing away cigarette packets or cigarette butts.

Signs to use

There are two different signs required by law.

A5 size
The words ‘these premises’ may be replaced with the type of premises, for example, ‘this shop’.
To be displayed in a prominent position at each entrance (other doors, used only by staff may display the simpler no-smoking sign only).

At least 70mm diameter
To be displayed in public and work vehicles (in each compartment occupied by people)

What are the fines and punishments?

The following Table show possible Offences and Penalties.

Dropping litter in public places can also lead to a fine for littering. Always dispose of cigarette boxes and butts considerately.

Smokers' Shelters

It is not a legal requirement to provide somewhere for smokers to smoke. When a business decides to provide a smoking shelter for staff or for clients or customers then the following should be considered:

1. The design criteria. Any shelter should not be an enclosed or substantially enclosed space. See the definition above.
   Whilst a smoker’s shelter would have a roof or ceiling it should not have four walls but less than 50% walls so that it is open to the fresh air and second-hand smoke can easily blow away and not affect others.
2. Planning permission is likely to be required.
3. Ensure that any proposed site for a smoker’s shelter will not result in a nuisance to the neighbours because of smoke, noise or light.
4. Licensed premises may need a variation to their licence and should seek advice on this as soon as possible from the licensing team in Environmental Health Services.
5. Consider what should be done with the cigarette butts and any smoking generated litter.

View planning guidance for the erection of Smoking Shelters.

How do the Council enforce this new law?

England is not the first country to go Smokefree and the experiences of others is that the law is generally self-regulating and well received. Environmental Health Services will be the lead service enforcing the smokefree law and, in particular, the Health & Safety and the Licensing Teams. A number of different council personnel will be authorised to carryout smokefree enforcement work.

Reports in the national press that spying officers may enforce smokefree legislation, as ‘undercover anti-smoking police’, are misleading. The enforcement approach will be to give advice, to educate and to encourage compliance with the commonsense requirements of the law. Where a business, or an individual, flouts or persistently breaks the law then, to protect others, Fixed Penalty Notices or a prosecution will result.

How to complain or report a problem

The Council has a statutory duty to enforce the smoke-free law and usually it will be the Environmental Health Services Officers that will investigate and take action.

Complaints can be made by:

1. By telephone: 01737 276000 (to HelpLine) or 01737 276209 (SmokeFree Officer)
2. By e-mail: hsadvice@reigate-banstead.gov.uk
3. National Compliance Line: 0800 587 1667
   This is for any complaint about the smoke-free law. This is a national help line and the details of the complaint will be referred to the correct local authority for action.

Useful links

www.smokefreeengland.co.uk - An excellent website covering all aspects of Smokefree – order signs and download the official NHS Guidance.

www.smokefreesurrey.co.uk - For local advice

www.dh.gov.uk - Department of Health

www.gosmokefree.co.uk - The NHS stop smoking support site