Smokefree Business
All workplaces in England are now smokefree to help protect employees and the public from the dangers of second-hand smoke.
The regulations apply to all enclosed workplaces and public areas, including all pubs and clubs, and work vehicles used by more than one person, including taxis.
For more information on how to comply with the new smokefree law click here or call 0114 273 4415.
Why smokefree environments?
The new smokefree law will help improve health in many ways. There is no risk-free level of exposure to secondhand smoke. Secondhand smoke contains over 4,000 chemicals in the form of particles and gases - some of these chemicals are dangerous poisons. Secondhand smoke is bad for health - it is known to cause cancer as well as many other serious health problems. Just thirty minutes exposure is enough to reduce coronary blood flow.
In 2004 the Choosing Health White Paper on public health was released, which highlights how the public can make healthier and more informed choices in regards to their health. It was from this the government set out a clear strategy to tackle smoking and its effects on health. The Health Act, passed by Parliament in 2006, incorporates the Smokefree legislation which makes virtually all enclosed public places and workplaces smokefree.
Smokefree law:
- recognises a person's right to be protected from the harm of secondhand smoke and to breathe smokefree air
- helps people trying to give up smoking by providing supportive smokefree environments
- reduces illness and the number of deaths from medical conditions caused by secondhand smoke
- improves life expectancy because less people will take up smoking in the first place
A quick guide to the smokefree law
The new law has been introduced to protect employees and the public from the harmful effects of secondhand smoke.
Key points are:
- It is against the law to smoke in virtually all enclosed and substantially enclosed public places and workplaces. See below for definitions.
- Public transport and work vehicles used by more than one person should also be smokefree.
- No-smoking signs should be displayed in all smokefree premises and vehicles.
- Staff smoking rooms and indoor smoking areas will no longer be allowed, so anyone who wants to smoke will have to go outside.
- Managers of smokefree premises and vehicles have legal responsibilities to prevent people from smoking.
- If you are uncertain where you can or can't smoke, just look for the no-smoking signs or ask someone in charge.
If you require further information please email healthprotection@sheffield.gov.uk.
Penalties and fines for breaking the smokefree law
If you don't comply with the new smokefree law, you will be committing a criminal offence. The fixed penalty notices and maximum fine for each offence are:
- Smoking in smokefree premises or work vehicles: a fixed penalty notice of £50 (reduced to £30 if paid in 15 days) imposed on the person smoking. Or a maximum fine of £200 if prosecuted and convicted by a court.
- Failure to display no-smoking signs: a fixed penalty notice of £200 (reduced to £150 if paid in 15 days) imposed on whoever manages or occupies the smokefree premises or vehicle. Or a maximum fine of £1000 if prosecuted and convicted by a court.
- Failing to prevent smoking in a smokefree place: a maximum fine of £2500 imposed on whoever manages or controls the smokefree premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty notice for this offence.
Local councils will be responsible for enforcing the new law in England.
A telephone line (0800 587 166 7) will also be in operation from 1 July 2007 to enable members of the public to report possible breaches of the law. This information will be passed to local councils to follow-up as appropriate.
Environmental and planning requirements
If are allowing smokers to use pavements, courtyards, beer gardens, smoking shelters, awnings and canopies, you must consider health and safety, local planning regulations, and public nuisance laws.
Smoking shelters and stub out bins
You are not required by law to provide smoke breaks or a smoking shelter.
If you do decide to build a permanent external smoking shelter, it must not be “substantially enclosed”. Many designs on the market fail to meet the legal requirement of having at least 50% open walls. Windows and doors are counted as being a wall because they can be closed. A retractable awning may be counted as a roof if it covers an enclosed area. Good natural ventilation must be achieved in the shelter. For this purpose you are advised to allow at least 1m between the open sides of a shelter and any adjoining wall. Shelters and external heaters are unlikely to be permitted on the public highway or other public spaces. See below for further definitions of ‘enclosed’ and ‘substantially enclosed’.
Shelters that are freestanding or attached to an existing building will require planning permission.
You may also require planning permission for stub out bins on the front of buildings or anywhere on listed buildings.
Please contact our Planning Services on 0114 273 4215.
Email: planningdc@sheffield.gov.uk or visit www.sheffield.gov.uk.
Licensed premises
Licensees should remember that any alteration to outside areas covered by the premises licence may require an application to vary the licence.
Also, if the outdoor area is licensed, check you are allowed to use an outdoor area, as this sometimes differs to your trading times.
For more information contact the Licensing General Section on 0114 273 4264 or
0114 273 4880. Email: general.licencing@sheffield.gov.uk
Noise, public nuisance and litter
Groups of smokers outside may generate more noise and litter and this could affect neighbouring businesses or residents. If discarded cigarette ends from your premises accumulate on your property or land near to it, you may be subject to a Litter Clearing Notice, or a Street Litter Control Notice. Failure to comply with the Notice carries a fixed penalty of £100, or we can take court action for severe or persistent cases. So, please provide sufficient stub it or other bins for your customers.
For licensed premises, if complaints are substantiated and if you can’t improve the problem, your premises licence could be called in for formal review so please minimise any disturbance.
Health and safety
Adequate assessment should be undertaken to ensure that any new smoking area provides a safe environment for staff and customers. Give special consideration to safe access and exits, structural safety and weatherproofing, fire hazards and safety of outdoor heating and lighting. You should not allow external smoking areas near doorways or windows.
For further advice, contact our Health Protection Service on 0114 273 4616, or visit www.sheffield.gov.uk and go to Health and Safety.
Definition of enclosed and substantially enclosed
Premises are considered 'enclosed' if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed either on a permanent or temporary basis.
Premises are considered 'substantially enclosed' if they have a ceiling or roof, but have an opening in the walls, which is less than half the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.
Businesses and organizations should contact their local council if they require further guidance on whether their premises are 'enclosed' or 'substantially enclosed'.
Organizations are required by law to display the correct no-smoking signage. Further information and guidelines can be found on the national Smokefree England website here
A wide range of resources for businesses can be found here
Around 70% of smokers say they want to stop smoking, and the new smokefree law could provide extra motivation to do so. If you'd like to help your staff and customers to become non-smokers, the NHS offers excellent free support including the local NHS Stop Smoking Services and the Together programme. Employers can speak to their local NHS Stop Smoking Services about support for their employees during or outside working hours.
For more details and advice on stopping smoking, call the Sheffield NHS Stop Smoking Service on 0800 068 4490 or visit 'smokefree you' on this website.
If you have any further questions about how the smokefree legislation will affect your workplace, please click here, to view our comprehensive FAQ. Here you will find further information on smokefree vehicles, signage and exceptions.