The Smokefree Laws

How it affects businesses

Since 1 July 2007 the Health Act 2006 makes virtually all indoor public places and workplaces, including work vehicles, smoke-free.  It affects almost every business in Thanet.

What the new law means

Smoking is prohibited in all enclosed or ‘substantially enclosed’ public places and workplaces by making it an offence to:

• smoke in smokefree premises
• permit others to smoke in smokefree premises
• fail to display warning signs in smokefree premises

Premises are considered to be ‘substantially enclosed’ if they have a ceiling or roof, but there are openings in the walls which are less than half of the total area of the walls.  This is known as the 50% rule.

Which premises are affected?

Smokefree legislation affects all premises which:

• the public has access to; e.g. pubs, clubs, restaurants, cafes, etc
• are being used 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 must be smokefree.  If the public attended, it would be both a workplace and a public place.

What about vehicles?

All vehicles used for public transport, e.g. buses, trains and taxis, are also affected by the new law.

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 is required to be smokefree at all times.  This protects shift and other workers using the same vehicle from the hazards of second-hand smoke.

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 designated smoking rooms in adult care homes. 
• Designated smoking rooms in hotels, hostels and bed & breakfast accommodation are also exempt since they are places where people live, even though they are not private homes.
• Landlords’ common parts to buildings containing flats and the like, need to be smokefree.

What are the penalties?

• smoking in a smokefree place could lead to a fine of £200 – with a fixed penalty option of £50
• failure to prevent smoking in a smokefree place can result in a fine of up to £2,500
• signage offences can incur a fine of £1,000 with a fixed penalty option of £200

How is the Council enforcing this?

The Council’s enforcement staff are working closely with businesses to raise awareness of the new legislation.  This approach is complemented by inspections which are either proactive, i.e. to confirm compliance, or, reactive in response to complaints.

Prosecution and the use of fixed penalty notices are seen as a last resort and used only when the seriousness of the situation warrants.

What do employers, occupiers of premises, employees and the public need to do now the law is in operation?

Business operators/managers:

• should make sure all entrances to smoke-free premises (including staff entrances) display the correct signs
• must see that all work vehicles which are smoke-free also display the right smokefree signs 
• need to ensure that staff/customers do not smoke in their smoke-free premises 

staff/customers:

•  must not smoke in smoke-free premises/vehicles 

What about cigarette litter?

Cigarette butts now make up the bulk of street litter in the UK.  If you're a smoker help to keep Thanet Beautiful by putting your extinguished butts in a cigarette bin.

If you are a business and customers drop butts outside your premises, consider a small wall-mounted cigarette bin (370mm x 200mm x 70mm). Permission is not normally required unless you occupy a listed building.  However, you should check with a Planning Development Officer before fitting.

Want help to stop smoking?

Call Freephone 0800 849 4444 and speak with the East Kent NHS Stop Smoking Service.  They offer advice and help and they have support located right across Thanet and somewhere near you.

There is also an excellent network website at:
http://www.smokefreeengland.co.uk 

For more information and materials,visit the Go Smoke Free website.

Tel: 01843 577421

Fax: 01843 221996

Smokefree helpline

Tel: 01843 577580

Email: customer.services
@thanet.gov.uk