Virtually all workplaces and substantially enclosed public areas in England are now smoke free by law.
Facts about smoking at work
- Second hand smoke contains over 4,000 chemicals - over 50 are known to cause cancer.
- Around 85% of second hand smoke is invisible and odourless.
- An estimated 617 workers die every year in the UK from second-hand smoke in the workplace. This is more than die from industrial accidents (about 230 a year), and drink driving (about 500 a year).
- Most at risk are workers in the hospitality trade. Workers in pubs, clubs, restaurants and hotels are often continuously exposed to very smoky conditions. They have a 50% increased risk of developing lung cancer.
- Employers have a general duty to do what is reasonable to protect the health of their employees and themselves.
What will I have to do to comply?
To comply with the legislation managers will need to ensure that:
- Appropriate 'No Smoking' signs are displayed in a prominent position to all entrances of buildings.
- All vehicles used for work are smokefree.
- All reasonable measures have been made to ensure that their premises are smoke free and make all employees, clients and patrons aware.
You can download signage and leaflets for the Smoke Free England website. The information is also available in other languages to download.
Frequently asked questions
If the Government is bringing in legislation, why should I take action now?
- Secondhand smoke is now known to contain chemicals that cause cancer. In the Health and Safety at Work etc Act 1974 employers have a duty of care to protect their employees and the public from harm.
- By bringing in smokefree policy now, you can reduce the chances of your staff developing a health problem for which they can claim compensation.
- By bringing it in now, people will be used to a smoke free environment before the 1st July when it is the law.
Where will no smoking signs be available from and when will it be available?
- You can register for free signage to be sent to you or print it off straight away at www.smokefreeengland.co.uk, alternatively you can call their information line 0800 169 1697.
Why couldn't we just have ventilated smoking rooms?
- Tornado-strength ventilation is required to remove the risks of secondhand smoke from an enclosed premise. Ventilation systems are also very expensive.
I work from home - will it be required to be smokefree then?
- The work premises within the home will be required to be smokefree if you have employees, or members of the public visit.
I am a health visitor; can I insist the client stops smoking when I visit them at home?
- The legislation does not include this but a polite letter can be sent to the client beforehand to request a smokefree home visit. Your employer may also have a policy on this matter.
Will the regulations include all company vehicles?
- If the company vehicle is used by more than one person it must be smokefree at all times - even if the people are not in it at the same time. Smoking is only permitted when the vehicle is used by only one person who never has any passengers.
I share a company vehicle with one other person. We are both smokers and want to smoke in that vehicle. Why shouldn't we?
- It is still not allowed. The legislation has been written to protect both smokers and non-smokers from secondhand smoke.
I am a mini cab driver; can I smoke in my own vehicle if I don't have any passengers?
- No. All vehicles used for public transport must be smokefree at all times.
Can I smoke in my privately owned vehicle?
- Yes. However, if you use your private vehicle for work purposes then the above advice must be followed.
I am a landlord of a busy pub, what do I do if I cannot get someone to stop smoking on my premises?
- In such situations, management should follow their standard procedures as they would in other situations where a customer was behaving in an unacceptable and uncooperative manner.
I have a licence/certificate under the Licensing Act 2003, will this affect me?
- If you are thinking of making any structural changes or erecting a smoking shelter this may affect your premises licence and you should contact the Food Safety & Licensing team for advice.
- You will also need to consider noise and litter issues from individuals smoking outside. You should manage this as part of your responsibilities.
Has the introduction of smokefree legislation been successful in other countries?
- Smokefree legislation is proving to be very effective in protecting health, and very popular.
- Ireland (2004), Norway (2004), Scotland (2006), New Zealand (2004) have introduced smokefree legislation. Over nine US states have all introduced smokefree legislation. California has had smokefree public places since 1998.
- When the US state of Montana brought in smokefree legislation there was a 40 per cent drop in hospital admissions for heart attacks in the first 6 months - this is how dramatic the health benefits can be.
Who do I call if I see someone smoking - is there going to be an 0800 number?
- Yes. From the 1 July a national hotline number will be available for reporting non-compliance: 0800 587 1667.
What are the penalties for non-compliance?
- Failure to display the appropriate signage: Fixed penalty notice of £200 (£150 if paid in 15 days), or up to £1000 if found guilty in court.
- Person who smokes in a smokefree place: Fixed penalty notice of £50 (£30 if paid in 15 days), or up to £200 if found guilty in court.
- Management of business who fails to keep it smokefree: Fine up to £2500 if found guilty in court.
- Any person who obstructs an officer or fails to give information or gives false information: Fine up to £1000 if found guilty in court.
Will the council be enforcing against offenders?
- Whilst we aim primarily to work with businesses and individual smokers, deliberate breaches will result in firm enforcement in accordance with our Enforcement Policy.
What support is available for people deciding to quit as a result of the smokefree legislation?
- The NHS provides a wide range of excellent and easily accessible smoking cessation services including:
- Support from your local GP where Nicotine Replacement Therapy (NRT) is available on prescription
- A range of pharmacies with a Support to Stop advisor
- Walk-in centres
- Support to Stop advisors on a national helpline - 0800 169 0169.
- A website at www.gosmokefree.co.uk with lots of information on giving up smoking.
- PHOENIX Lincolnshire's NHS Stop Smoking Service provides a wide range of excellent, free and local support for smokers 01522 550681 or NHS Smoking Helpline 0800 169 0169.
Further advice
Further information: Look at www.smokefreeengland.co.uk or call their information line 0800 169 1697.
General enquiries: contact the Food Safety and Licensing Team on 01775 761161 or email your query to smoking@sholland.gov.uk.
Advice on shelters: contact the Food Safety and Licensing Team and the Planning Department on 01775 761161 or email your query to smoking@sholland.gov.uk.
Advice on licensing: contact the Food Safety and Licensing Team on 01775 761161 or email your enquiry to licensing@sholland.gov.uk.
How to stop smoking:
- PHOENIX Lincolnshire's NHS Stop Smoking Service for smokers 01522 550681
- NHS Smoking Helpline 0800 169 0169
- Information of www.gosmokefree.co.uk.
