Smokefree Regulations
On 1st July 2007, Regulations made under the Health Act 2006
will make virtually all indoor workplaces and public
places smoke free. This includes work vehicles and will
affect most work places within South Lakeland.
The following is a brief summary of the new
legislation.
Which premises are affected?
Smoke-free legislation will affect all premises which:
- the public has access to: pubs, clubs, restaurants, cafes,
etc;
- are being used wholly or mainly as a place of work;
- are being used wholly or mainly for providing education, health
or care services.
'Work' also covers voluntary work, so if a village hall holds
an event staffed by volunteers, it would be smoke-free. If the
public attended it would be both a workplace and a public
place.
What about vehicles?
The Smokefree (Exemptions and Vehicles) Regulations 2007
All vehicles used for public transport e.g. buses, trains and
taxis will also be affected by the new law.
Work Vehicles
Where a vehicle is used as a workplace by more than one
person, regardless of whether they are in the vehicle at the same
time, it will be required to be smoke-free at all times. This
protects shift and other workers using the same vehicle from the
hazards of secondhand smoke. This applies to paid and voluntary
workers.
Are there any exemptions?
Yes. Premises which are used as a full time place of residence
for extended periods e.g. private dwellings, residential premises,
and adult care homes. Designated rooms in hotels, hostels and bed
and breakfast accommodation are exempt since they are places where
people live even though they are not private homes.
Where smoking cannot take place outside for safety or health
reasons, then designated smoking rooms/areas may be allowed. Such
exempted places will include prisons and oil rigs. designated rooms
will have to be specified in writing and comply with the
requirements for ventilation and door closures.
The Smokefree (Penalties and Discounted Amounts) Regulations
2007
Smoking Signage Offences (Premises & Vehicles)
- Fixed Penalty Notice £200 – payable within 29 days. Discounted
to £150 if paid within 15 days.
- On conviction – Level 3 fine (up to £1000)
Smoking in a Smokefree Place
- Fixed Penalty Notice £50 – payable within 29 days. Discounted
to £30 if you pay within 15 days from the date of this notice.
- On conviction – Level 1 Fine (up to £200)
Failure to Prevent Smoking in a Smoke Free Place.
- No fixed penalty notice.
- On conviction – Level 4 Fine (up to £2, 500)
Enforcement
South Lakeland District Council's enforcement staff (led by
Environmental Health Officers) will work with businesses throughout
the area to raise awareness of the implications of the new
legislation.
Is there anything employers and occupiers of premises need to
do now?
Some businesses have already attained smoke-free status
but for businesses that haven't yet achieved this, you could
start thinking of what the implications will be to your company and
start to prepare in the run up to 1st July 2007 by doing any of the
following:
- You may wish to discuss with staff how best to comply with the
new legislation.
- It would also help to review your existing smoking policy in
consultation with staff.
- If you haven't already got a smoking policy, you should
consider putting one in place before the 2007 implementation
date.
- Employers may wish to provide external smoking shelters if
large numbers of staff are affected.
- Any shelter must have an opening (other than windows and
doors) which is greater than half the area of the walls
in order to avoid the shelter becoming 'substantially enclosed' and
thereby breaching the regulations.
- You may also wish to consider providing support to any members
of staff who want to quit smoking.