Smoke Free Legislation

On July 1st 2007, England introduced a new law to make virtually all enclosed public places and workplaces in England smokefree. This means that it is against the law to smoke in the indoor parts of places such as pubs, bars, nightclubs, cafes and restaurants, lunch rooms, membership clubs and shopping centres. At work, smoking inside has become a thing of the past, and indoor smoking rooms are no longer allowed. Public transport and work vehicles used by more than one person are also required to be smokefree. No-smoking signs should be displayed in all smokefree premises and vehicles, to make it clear where you can and can't smoke.

Why has England gone smokefree?

The new smokefree law has been introduced to protect employees and the public from the harmful effects of secondhand smoke.

Secondhand smoke is a serious health hazard, and there is no safe level of exposure. Every time someone breathes in secondhand smoke, they breathe in over 4,000 chemicals. Many are highly toxic. More than 50 are known to cause cancer. And, because 85% of secondhand smoke is invisible and odourless, even though you think your workplace, pub or club is not a particularly smoky place you may be at more risk than you realise.

Medical and scientific evidence shows that exposure to secondhand smoke increases the risk of serious medical conditions such as lung cancer, heart disease, asthma attacks, childhood respiratory disease, sudden infant death syndrome (SIDS) and reduced lung function.

Smokefree law:

Recognises a person's right to be protected from the harm of second hand 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 second hand smoke
Improves life expectancy because fewer people will take up smoking in the first place

Which places must be smokefree?

Smokefree premises

The new smokefree law applies to virtually all 'enclosed' and 'substantially enclosed' public places and workplaces. This includes both permanent structures and temporary ones such as tents and marquees. This also means that indoor smoking rooms in public places and workplaces are no longer allowed.

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.

Illustration of substantially and non-substantially enclosed premises

Smokefree vehicles

The new law also requires vehicles to be smokefree at all times if they are used:

To transport members of the public or
In the course of paid or voluntary work by more than one person - regardless of whether they are in the vehicle at the same time.

Vehicles that are used primarily for private purposes are not required to be smokefree.

What about a smoking shelter?

There is no requirement to provide smoking shelters. If you do have an outside smoking shelter or area, you will need to be sure that it is not 'enclosed' or 'substantially enclosed' as defined by the new law.

If you do decide to build a shelter, we suggest you discuss any plans you may have with the Environmental Health Team at Coventry City Council on 024 7683 1848, as there may be a range of issues you need to consider. These might include planning permission, licensing, building control, noise and litter.

Signage

Employers, owners and managers must ensure their premises are smokefree. All smokefree public places, workplaces and vehicles are required to display no-smoking signs that meet the following minimum standards:

No Smoking Sign No-smoking signs must be displayed in a prominent position at every entrance to smokefree premises

be a minimum of A5 in area (210mm x 148mm)
display the international no-smoking symbol, which consists solely of a graphic representation of a single burning cigarette enclosed in a red circle of at least 70mm in diameter with a red bar across it
carry the following words in characters that can be easily read: 'No smoking. It is against the law to smoke in these premises'

Smokefree vehicles must display a no-smoking sign in each compartment of the vehicle in which people can be carried. This must show the international no-smoking symbol at least 70mm in diameter.

What are the penalties and fines for breaking the smokefree law?

Coventry City Council is responsible for enforcing the new law throughout the City. The Council has worked closely with businesses to help ensure that everyone understands how to comply with the new law.

However, if you manage or are in charge of any premises or vehicles that the new law applies to, you have a legal responsibility to ensure they are smokefree and remain so.

If you don't comply with the 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.

How can I support my staff and customers who wish to stop smoking?

Around 70% of smokers say they want to stop smoking, and the new smokefree law may 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 Service. Please contact the Coventry Stop Smoking Team on 024 7624 6093 for further information.

For more information on the the smokefree legislation, please visit, www.smokefreeengland.co.uk

Smoke Free Coventry : We beleive you have the right to unpolluted air

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