When was the smokefree law introduced?
Sunday, 1st July 2007.
What is the aim of smokefree legislation?
The smokefree law was introduced to protect all people in virtually all
enclosed public places, workplaces, public vehicles and work vehicles,
from the harmful effects of secondhand smoke.
What does smokefree law do?
Smokefree legislation means that virtually all enclosed public
places and workplaces as well as vehicles used by the public and work
vehicles used by more than one person are required to be smokefree. This
means:
Is secondhand smoke really that harmful?
Secondhand smoke kills. The Government's independent Scientific
Committee on Tobacco and Health concluded after reviewing the available
medical and scientific evidence in 2004 that exposure to secondhand
smoke contributes to a range of serious medical conditions, including:
The World Health Organisation has classified secondhand smoke as a known human carcinogen. The US Environmental Protection Agency has classified secondhand smoke as a "class A" human carcinogen - the same as asbestos, arsenic, benzene and radon.
What sort of smoking does the law cover?
The smokefree law covers the smoking of tobacco or anything that
contains tobacco, or smoking any other substance.
This means that anything that is smoked is covered by smokefree law, including manufactured and hand-rolled cigarettes, pipes, cigars, herbal cigarettes and water pipes (including shisha, hookah and hubble-bubble pipes).
Does this include cigar loungers and water pipe (shisha, hookah, hubble-bubble) bars and cafes?
Yes, the smokefree law covers virtually all enclosed workplaces and public places, including cigar lounges and water pipe bars and cafes.
What evidence is there of business success as a result of going
smokefree?
There is considerable evidence from countries that have also
introduced smokefree laws that the impact on business can be positive.
New York's Smokefree Air Act came into effect in March 2003. After the
first year, a report found that business tax receipts in restaurants and
bars were up by 8.7 per cent.
Pub group Mitchells & Butlers reported in September 2006 that food sales were up by 11 per cent as a result of the introduction of smokefree laws in Scotland.
A survey for The Times, published in October 2006, found that amongst English pubs that have already gone smokefree, profits have risen by an average of 50 per cent and food sales have risen by 80 per cent on average.
Who's responsible for enforcing the smokefree law?
Smokefree law in Coventry will be enforced by coventry City Council. The
approach Coventry City Council will take to enforcement is based on
supporting businesses and the public to comply with the smokefree law by
providing advice, support and information at first. Formal enforcement
action should only be needed when the seriousness of the cases warrants
such action.
Will the police be involved in enforcement?
Enforcement is the responsibility of local authorities, but as with
other enforcement issues, police may need to be involved in cases of
public disorder, threatening behaviour or breaches of the peace.
What are the penalty amounts?
The penalties and fines for the smokefree offences set out in the Health
Act 2006 are:
Will fixed penalty notices be applied at the time of the offence,
or at a later date?
That will be up to the enforcement officer.
Who do I call if I see someone smoking?
If you believe someone is breaking the law by smoking in a smokefree
premises or vehicle, we suggest you let a member of staff know as soon
as possible so the incident can be dealt with quickly.
Members of the public may alternatively call Coventry City Council Environmental Health Team on 024 7683 1848 to report possible breaches of the law.
What is the definition of 'enclosed' and 'substantially enclosed'?
The Health Act 2006 sets out that premises that are open to the public,
or are used as a place of work (by more than one person or where members
of the public might attend to receive or provide goods or services) are
to be smokefree in areas that are enclosed or substantially enclosed.
This includes both permanent structures and temporary ones such as tents
and marquees. A roof includes any fixed or movable structures, such as
canvas awnings.
Is this just about smoking in pubs?
No. Virtually all enclosed workplaces and public places, including
offices, factories, restaurants, pubs, schools, public transport,
membership clubs and shopping malls are covered by the smokefree law,
meaning that enclosed and substantially enclosed parts of these places
are required to be smokefree. Public vehicles and work vehicles that are
used by more than one person are also be required to be smokefree.
How do the regulations apply to temporary structures?
Temporary structures that are open to the public, or used as a place
of work, are covered under the legislation in the same way as permanent
structures. A marquee, for example, is required to be smokefree and
needs to carry appropriate signage if it is either enclosed or
substantially enclosed as defined in the regulations.
Does the smokefree law apply to premises and vehicles used for
voluntary work?
Yes, the smokefree law applies to all work, including voluntary
work.
Why are ventilated smoking rooms not an alternative?
Evidence shows that ventilation does not provide a solution to
eliminating the health risks associated with second hand smoke.
Scientists have shown that to remove the risks of second hand smoke, an
enclosed premises would need wind tunnel-like rates of ventilation,
which would then make smoking nearly impossible.
Some people say that smoking will be banned outdoors, like in the
streets outside of pubs.
The Health Act only requires enclosed or substantially enclosed parts of
premises that are public places or workplaces to be smokefree. The
Health Act does include powers to make non-enclosed places smokefree if
there is a significant risk that people there might be exposed to
significant quantities of smoke. The Government, however, has no plans
to make any non-enclosed places smokefree at the present time.
Sometimes smoke blows back through my office window. Can smokers
be made to smoke away from the building?
The provisions made under the Health Bill only pertain to enclosed
and substantially enclosed workplaces and public places. Employers and
business owners will continue to have responsibilities under Health and
Safety legislation and will need to consider any issues that might arise
and take the most appropriate action.
Of course, employers may wish to put voluntary smokefree policies in place that set out where people can smoke.
What about a smoking shelter?
There is no requirement to provide smoking shelters. It is common
for health-focused employers not to spend money creating places for
smokers to congregate. If you do have an outsider smoking shelter or
area, you need to be sure that it is not 'enclosed' or 'substantially
enclosed' under the definitions are set out in the Smokefree (Premises
and Enforcement) Regulations. You may also need to consider other issues
such as planning, licensing and building control, noise and litter.
Please contact the Environmental Health Team at Coventry City Council
for further information on 024 7683 1848.
Can I still have a staff smoking room?
No, indoor smoking rooms are no longer allowed. You can have an
outdoor smoking shelter, although there is no requirement for you to do
so. If you do decide to provide a shelter, you will need to make sure
that it is not 'enclosed' or 'substantially enclosed'. You may also need
to consider other issues such as planning, licensing and building
control, noise and litter - Please contact the Environmental Health Team
at Coventry City Council for further information on 024 7683 1848.
My workplace became smokefree before the law was introduced. That
means I'm already compliant, doesn't it?
Even if your workplace has been smokefree for years, you still need
to make sure that it is compliant with the requirements of the smokefree
law. Employers, managers and those in charge of smokefree premises and
vehicles need to:
Coventry City Council can supply you with No Smoking Signs. Please contact the Environmental Health Team on 024 7683 1848
Is my home required to be smokefree?
No. The the smokefree law does not apply to private dwellings and
private residential spaces, except for parts of dwellings used solely as
a place of work by more than one person.
I work from home, is it required to be smokefree then?
It depends. The law requires that any parts of a dwelling will be
required to be smokefree if they are used solely as a place of work for:
i. more than one person who does not live in the dwelling,
ii. a person who does live at the dwelling and any person who does not, or
iii. any person whether they live at the dwelling or not, if people who do not live at the dwelling come to give or receive goods or services.
If you are unsure, please contact the Environmental Health Team at Coventry City Council on 024 7683 1848 for advice.
Does this legislation cover sports stadiums?
Only parts of stadiums that are enclosed or substantially enclosed
are required by law to be smokefree. However, many sports stadiums have
decided to go beyond these requirements and become smokefree throughout.
If you're in any doubt, look for the no-smoking signs or ask a member of
staff.
I am a mini cab driver. Can I smoke in my own vehicle if I don't
have any passengers?
No. Under the smokefree law, all vehicles used for public transport are
required to be smokefree at all times. This will mean that a member of
the public can be sure that the public transport they use will always be
free from hazardous second hand smoke.
Do the regulations include all work vehicles?
Where a vehicle is used for work by more than one person, regardless
of whether they are in the vehicle at the same time, it will be required
to be smokefree at all times. This protects all who use the vehicle from
harmful second hand smoke, regardless of when they use the vehicle.
Smoking will be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger.
The smokefree law does not apply to vehicles that are used primarily for private purposes by more than one person.
Any vehicle that is used by members of the public (for example, taxis and mini cabs) will need to always be smokefree, even when they are being used for private purposes.
I share a company vehicle with one other person. We are both
smokers and want to smoke in that vehicle. Why shouldn't we?
The smokefree law is in place to protect both smokers and non-smokers
from exposure to secondhand smoke. As the vehicle is used for work, it
is required to be smokefree.
Can I smoke in my privately owned vehicle?
Yes. The smokefree law does not require vehicles used primarily for
private purposes to be smokefree.
I occasionally use my private car for voluntary work, does it need
to be smokefree?
Vehicles used primarily for private purposes do not need to be smokefree.
Can you smoke on train platforms?
No. The Association of Train Operator Companies (ATOC) and Network
Rail has introduced a comprehensive smokefree policy throughout at all
1,900 railway stations in England as well as railway offices - station
offices, canteens and workplace areas which are covered by the
legislation. Because of this policy, smoking is prohibited on all
station concourses, ticket halls, on platforms - covered and uncovered -
and footbridges and subways at station premises. Retail and food outlets
are also required to be smokefree. However, smoking will still be
permitted on most station forecourts and in (uncovered) station car
parks. No-smoking signs will indicate which areas are smokefree. If you
are in doubt, ask a member of staff.
Are no-smoking signs required in all smokefree areas?
Yes. All smokefree public places, workplaces and vehicles are required
to display no-smoking signs that meet the requirements that are set out
in the Smoke-free (Signs) Regulations.
How can I get the right signage?
Coventry City Council can supply you with No Smoking Signs. Please
contact the Environmental Health Team on 024 7683 1848
Do trains and trucks that travel between England and Scotland or
England and Wales need two sets of signage?
Vehicle signs complying with the new law in Scotland and Wales will
be compliant in England if the no-smoking symbol is at least 70mm in
diameter.
Are no-smoking signs required in heritage buildings?
Any premises required to be smokefree will need to display
no-smoking signs that meet the requirements of the new law prominently
at entrances. The new law allows flexibility for signs to be designed
and displayed in a way that fits the decor of the premises.
What places are exempt from smokefree law?
There are very limited exemptions from the smokefree law, as set out in
the Smoke-free (Exemptions and Vehicles) Regulations. These regulations
include exemptions for bedrooms in hotels, and for care homes, hospices
and prisons. In most cases, exemptions do not apply to the entirety of
premises, but to "designated rooms", that must meet requirements
specified in the regulations. The law also includes a limited exemption
for performers, which applies to the performer only during the
performance, where the artistic integrity of a performance makes it
appropriate for a person who is taking part to smoke.
Am I going to be guaranteed a smokefree hotel room? What is to
stop the hotelier letting the room as smoking one day and smokefree the
next?
While smokefree legislation will not guarantee that people will get a
smokefree hotel room, the regulations require hotel proprietors to
specifically designate the hotel rooms that are not smokefree and ensure
that hotel rooms for smoking are clearly marked.
I am a health visitor, can I insist the client stop smoking when I
visit them at home?
The smokefree law does not prohibit people from smoking in their own
private dwellings. You might find the advice in the The Royal College of
Nursing's guide "Protecting community staff from exposure to second-hand
smoke: RCN best practice guide for staff and managers" helpful for how
community-based staff can be protected from second hand smoke during
their work.
During the course of my work, I visit clients in their own home,
how does the law affect me?
The smokefree law does not prohibit people from smoking in their own
private dwellings. You might find the Trade Union Congress (TUC)
guidance helpful, which has been developed specifically for people who
work in other people's homes.
For further information on Smoke Free Issues, please contact Jo Luxmore, Smoke Free Coventry Co-ordinator on 024 7683 3993 or visit the www.smokefreeengland.co.uk
