The smoking ban in enclosed public places and workplaces in England starts from 6am on 1 July 2007.

The Health Act 2006 and a number of ‘smoke-free’ regulations made under that Act provide that virtually all public places and workplaces (including offices, factories, shops, pubs, clubs, restaurants, hotels, theatres, sports centres, public toilets, etc) must become smoke-free environments. The law will prohibit smoking in ‘enclosed’ or ‘substantially enclosed’ public places.

Enclosed premises are those with a ceiling or roof that, except for doors, windows and passageways, are wholly enclosed, whether on a permanent or temporary basis. Substantially enclosed premises are those with a ceiling or roof but with permanent openings in the walls which are less than half of the total wall area (other than windows, doors or openings which can be shut). A roof can include any fixed or movable structure and tents and marquees will also come within the ban if they fall within the definition of enclosed or substantially enclosed premises. It is still possible to have outdoor smoking shelters, provided they comply with the provisions on enclosed and substantially enclosed premises, but there is no obligation to do so. Also firms should be aware that planning permission or building consent may be needed to erect an outdoor shelter.

The ban also generally applies to work vehicles such as light and heavy goods vehicles. A work vehicle must be smoke-free if it is used for work by more than one person, even if the people who use the vehicle do so at different times or on different days or only intermittently. A vehicle must also be smoke-free if it is used to transport members of the public or a section of the public, whether or not for reward or hire.

However, the smoking ban does not apply to a vehicle that is used primarily for the private purposes of a person who owns it. In this case, it does not matter than the vehicle is used occasionally for work by more than one employee, provided it’s primarily for private use.

The legislation contains relatively few exemptions and, even then, rooms have to be specifically designated as smoking rooms and they must comply with a number of important pre-conditions. The premises or parts of premises exempt from the legislation include: designated rooms in adult care homes, adult hospices, adult mental health units that provide long-term residential accommodation, prisons, offshore installations, research and testing facilities and designated hotel and guest bedrooms. Any designated smoking rooms in the care sector can only be used by residents (and their guests) not by employees.

In general, the law does not cover private dwellings. However, any enclosed or substantially enclosed part of a premises shared with other premises, such as a communal stairwell or lift in a block of flats, must be smoke-free if it is open to the public or used as a place of work, such as by a cleaner or postman.

As far as working from home is concerned (whether as an employee or running a business from home), there is an exemption from the ban. However, the smoking ban will still apply where the private dwelling is used solely for work purposes by more than one person who does not live there or where members of the public (such as clients and customers) attend to deliver or to receive goods or services. Thus, if you run a business from home in a part of your home that you use solely for work and either your clients come round from time to time or you have an employee working for you there, the ban will still apply. That said the ban does not apply in a private dwelling where work is undertaken solely to:

• Provide personal care for a person living in the dwelling.
• Assist with the domestic work of the household in the dwelling.
• Maintain the structure or fabric of the dwelling.
• Install, maintain or remove any service provided to the dwelling for the benefit of persons living in it.

Even if your business premises are already smoke-free, you still have to take action. You have a statutory duty to put up ‘no smoking’ signs at each public entrance to your premises, displayed so they are prominently visible to people entering. The minimum signage requirement for premises is a sign of any shape which is at least equal to the size A5. It should display the international ‘no smoking’ symbol (which consists of a graphic representation of a burning cigarette enclosed in a red circle with a red bar across it) at least 70mm in diameter and contain the following words in English:

‘No smoking. It is against the law to smoke in these premises.’

Substitute words can be used for ‘these premises’ as long as they refer to the particular premises in which the sign is displayed, for example ‘this hotel’. In addition to signs in English, signs can also be displayed in other languages.

A no smoking sign which displays only the international no smoking symbol (a minimum of 70mm in diameter) may be displayed in a prominent position at an entrance when:

• Premises are located within other smoke-free premises that carry the A5 sign, for example, a shop within an indoor shopping centre; or
• They are entrances to smoke-free premises that are not for public use, such as staff entrances, as long as the premises carry at least one A5 sign, with the required wording as above, at one entrance.

Smoke-free vehicles must display a no smoking sign which carries only the international no smoking symbol (a minimum of 70mm in diameter). The sign must be displayed in a position that is prominently visible to a person entering the vehicle. If the vehicle has two or more compartments, it must display a no smoking sign in each compartment.

Appropriate signage can be ordered free of charge by clicking here and businesses can also download a no smoking policy template from this website.

The legislation makes it an offence to fail to prevent smoking on smoke-free premises but business owners have a defence if they can show they took reasonable steps to prevent smoking. You must therefore take the necessary precautions to ensure that employees, customers and other visitors do not smoke on your premises. With employees, implement a clear ‘no smoking’ policy, in consultation with staff, setting out your no smoking rules, the extent of the ban and the consequences of a breach i.e. disciplinary action. You should also ensure you have procedures in place to prevent customers and other visitors from smoking i.e. removing ashtrays, informing anyone caught smoking that they are committing an offence and requesting that they extinguish their cigarette immediately or leave the premises. You should also refuse to serve anyone who is smoking in a no-smoking area.

As a business owner, if you commit the offence of failing to prevent smoking in a smoke-free place, you face prosecution and a fine of up to £2,500. Penalty notices will not be issued for this offence. You also face a fixed penalty notice of £200, or prosecution and a fine of up to £1,000 for failing to display no-smoking signs. The £200 fixed penalty is discounted to £150 when paid within 15 days.

Individuals who commit the offence of smoking in no-smoking premises face a fixed penalty notice of £50, or prosecution and a fine of up to £200. The £50 fixed penalty is discounted to £30 when paid within 15 days.