The Smoke-Free (Premises and Enforcement) Regulations introduced in the Health Act 2006 come into force from 1 July 2007 in an attempt to save lives and help prevent diseases caused by passive smoking in confined areas. From July Employees, customers and visitors to business premises will no longer be allowed to smoke if these are wholly or substantially enclosed, including designated smoking rooms which must be withdrawn if they do not comply with the legislation.

Ventilation cannot eliminate the health risks associated with passive smoking because it only eliminates the smell and visibility of the smoke and not the toxic carcinogens. As there is no safe level of exposure to second-hand smoke, ventilation is not considered a viable option. Every business and public place classed as no smoking must comply with the law.

Premises are defined as those used as a place of work by more than 1 person, and where members of the public might attend and include:

Any building or part of a building;
Any structure or part of a structure, whether moveable or otherwise;
Any installation on land or offshore;
Any tent, marquee, or stall; and
Any vehicle

Wholly or substantially enclosed premises are described as one with a roof and walls where the area of the opening is less than 50% of the area of the walls except for doors, windows and passageways. This means that, for example, a shelter with a roof and three sides would count as substantially enclosed premises for the purposes of the new law.

Vehicles used for business purposes are also affected by the new law. These include light and heavy goods vehicles, and public transport such as taxis, buses and trains. Cars used for business purposes, including voluntary work, by more than one person (whether Employee owned or Company owned) must comply with the legislation and remain smoke-free.

Premises (or parts of premises) exempt from the legislation are:

Residential accommodation
Designated rooms in adult care homes, psychiatric hospitals and psychiatric units, and offshore installations
Adult hospices
Designated hotel bedrooms
Private vehicles

A designated room means a room that is designated by the person having control of the premises as being a room in which smoking is permitted. It must be enclosed on all sides, does not have a ventilation system that ventilates into any other part of the no-smoking premises, and is clearly marked as a room where smoking is permitted.

Complying with the new law

Every business and organisation must take ?reasonable precautions to ensure Employees, customers and visitors do not smoke on the premises by taking the following action:

Display the required No Smoking signs to ensure Employees, customers and visitors to the premises are aware that they must comply with the law. They must be obviously displayed and protected from tampering, damage, removal or concealment.

Remove all ashtrays.
Inform anyone smoking that they are committing an offence and request that they extinguish the smoking material.
The law requires No Smoking signs to be displayed in or on any vehicles that are affected by the ban in a manner that can be seen and read by persons in the vehicle and who are approaching the vehicle.

Areas where smoking is permitted

Any outdoor area provided for Employees or customers must comply with the law and fall outside the definition of a premises that is ?wholly or substantially enclosed

Ignoring the ban

If an Employee or customer continues to smoke they should be reminded that they are committing an offence and ask them to stop smoking. Advise them that it is an offence for the owner of the premises to allow them to continue smoking and state that the business has a smoke-free policy to ensure a safe working environment for all Employees and customers.

If the person is a customer and refuses to stop smoking inform them that service will be refused to them, ask them to leave the premises (and inform them where they can smoke). If they still refuse implement the Company?s normal procedure for dealing with anti-social/illegal behaviour.

Enforcement of the ban

Authorised Enforcement Officers have the power to enter no-smoking premises to ensure the law is being upheld. Those in control of such premises are liable to a fixed penalty fine of £200 if they do not take reasonable action to prevent someone smoking on the premises. Individuals who smoke are liable to a fixed penalty fine of £50. Refusal or failure to pay a fixed penalty, or persistent breaches of the no-smoking law can result in prosecution and a fine of up to 2,500.