Smoke-Free England

On 1 July 2007 new legislation came into force requiring smokefree environments in virtually all workplaces, work vehicles and public transport in England.

How can I tell if my workplace has to be smokefree?

Assume it must be unless you know about a specific exemption (the Regulations detail all exemptions). 

The exemptions briefly are:

• Private dwellings and vehicles;
• Self-contained holiday or temporary accommodation;
• Designated bedrooms in hotels, inns, guest-houses, etc.
• Designated bedrooms in care homes, hospices, prisons, etc.
• Artists where smoking is part of the performance.

The law also applies to almost all enclosed and substantially enclosed public places (substantially = with a roof and at more than 50% of the perimeter is made up of walls).

I have responsibility for a smokefree workplace, what must I do?

• Display the approved A5 smoking signs - see below for detail.
• Take reasonable steps to stop anyone smoking - staff and visitors.
• Assist an enforcement officer if asked.
• You are advised to remove ashtrays, train staff and put together a simple No-smoking Policy.

I have responsibility for a smokefree work vehicle, what must I do?

• Display the approved smoking symbol in all enclosed vehicle compartments - see below for detail.
• Take reasonable steps to stop anyone smoking in the vehicle at any time.  This applies to private vehicles used for work.
• Assist an enforcement officer if asked.
• You are advised to remove ashtrays, train staff and put together a simple No-Smoking Policy.

I have responsibility for an enclosed or substantially enclosed public place, what do I need to do?

• Display the approved A5 smoking signs - see below for detail.
• Take reasonable steps to stop anyone smoking.
• Assist an enforcement officer if asked.
• You are advised to remove ashtrays, train staff how to deal with those who smoke in smokefree places and put together a simple No-smoking Policy (we can send a suitable simple example).

What signs do I need to put up?

• Public Entrances - the approved A5 sized sign (measuring 210 x 148 mm).  It must have the symbol (at least 70mm diameter) and the words, "It is against the law to smoke in these premises/this pub/this hotel/the Red Lion."
• Other entrances (staff entrances or rooms inside an area already covered by a suitable entrance sign).  The smokefree symbol (70 mm diameter) is required.
• Vehicles and enclosed vehicle compartments.  The smokefree symbol (at least 70 mm diameter) is required.
• You might want to put up extra symbols if you think that people might smoke there (e.g. at a bar within a large hotel).

Where do I need to put signs up?

• Premises - the A5 sign must be clearly displayed at any public entrance.  You are advised to place additional smoking symbols in rooms and areas where you may need to remind visitors, customers and staff.
• Vehicles - signs or symbols should be clearly displayed in each enclosed compartment.

Where can I get the signs from?

• You can download them from www.smokefreeengland.co.uk
• We can send out a limited number of signs we have available.
• You can make your own signs as long as they meet the minimum requirements.

What am I expected to do if someone ignores the signs?

• Draw the person's attention to the signs and symbols.
• Politely ask them to stop smoking and point out that they are breaking the law.
• Tell them that the business has a smokefree policy to ensure staff and customer's health is protected.
• Tell them that it is also an offence for you (as manager) to let anyone smoke.
• Direct them to a place where smoking is allowed (if existing), otherwise ask them to leave and refuse further service.
• If they refuse to leave, follow normal procedures for dealing with anti-social behaviour.
• Make a record of the incident.
• Don't put yourself in danger -the law requires you to take reasonable steps.  If in danger, call the Police.

Who do I complain to about breaches of the smokefree law?

• Your local Environmental Health department on 01939 238460.
• Or you can call 0800 587 1667.

Where can I get help about the new smoking law?

• Your local Environmental Health department - we can send you out a booklet that compliments the Government advice posted to all businesses.  Please call 01939 238460 if you would like a copy of the booklet.
• For help in giving up smoking (for you or your staff), you can call the NHS Smoking Helpline on 0800 169 0 169.
• You can call Smokefree England on 0800 169 169 7

If I want to provide a smoking area, what do I need to do?

• Decide whether you really need one - it might be costly.  Some businesses who think they need a shelter now have decided to wait to see if there is real demand.
• You may need planning consent - this could take time (up to 8 weeks).  Check it is not a Listed Building, in a Conservation Area or otherwise requiring Planning Permission.
• If you run licensed premises, you should check that your proposal will be allowed under the terms of your licence.
• Make sure it is not enclosed or substantially enclosed (remember the 50% rule for walls).
• Make sure the smoke produced doesn't cause nuisance for someone else.  Think about the noise outdoor smokers are likely to make and the litter they will create.
• Don't necessarily go for the cheapest solution straight away - parasols are perhaps OK in summer months, but are they suitable for a North Shropshire winter?

Quick Reference Guide

Frequently Asked Questions

Frequently Asked Questions

No Smoking Signs

Below are the signs issued by Smoke Free England that can be downloaded and used at your premises.  The signs are the correct size and have the agreed wording to be used.

A5 No Smoking signs

No Smoking in Pub sign

No Smoking symbol

Related Websites

Go Smokefree