Smokefree

When did the smokefree legislation come into force?
Sunday 1st July 2007 and 1st October 2015

Why did the smokefree legislation come into force?
 Recognises a persons right to be protected from harm of second hand smoke and to breathe smoke free air
 Helps people trying to give up smoking by providing supportive smoke free environments
 Reduces illness and the number of deaths from medical conditions caused by second hand smoke
 Improves life expectancy because less people will take up smoking in the first place. Children and young persons are protected in vehicles

What areas are required to be smoke free?
Nearly all enclosed and substantially enclosed public areas and workplaces, for example, offices, shops, bars, restaurants, clubs and in most circumstances work vehicles. From 1st Oct 2015 private vehicles are included

What do the terms enclosed and substantially enclosed mean?
Premises are ‘enclosed’ if they:
i. have a ceiling or roof; and
ii. except for doors windows and passageways, are wholly enclosed either permanently or temporarily.

Premises are 'substantially enclosed’ if they have a ceiling or roof but there is:
i. an opening in the walls; or
ii. an aggregate opening in the walls,
which is less than half the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.

Note:
Roof includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning.

In determining the area of an opening or an aggregate area of openings, no account is taken of openings in which there are doors, windows or other fittings that can be opened or closed.

Smoking is only allowed in shelters which are not substantially enclosed.

Do I have to provide staff with a smoking shelter?
No, as an employer you do not have to provide a shelter for staff that wish to smoke. Your responsibility is to ensure that staff are not smoking in an enclosed space.

Can I be fined?
Yes there are various levels of fines related to smokefree offences as follows:

Offence Fixed penalty notice Maximum fine
Failure to display a 'no smoking' sign in premises covered by the smokefree law £200 £1000
If someone is found to be smoking in a smokefree premises or vehicle £50 £200
Failure for a person in control of a premises to prevent smoking £200 £2500

 
Is there any help available for people that want to quit?
There is lots of help and advice available for people that want to quit smoking. To find out more visit the nhs smokefree website

Where can I find further information?
Further information is available from the following websites:

Smokefree Hampshire

Smokefree England

Smokefree private vehicles