Smokefree Regulations

They WILL affect your business

On the 1st July 2007 new smokefree legislation will come into force in England, to make workplaces and public places smokefree. Scotland, Ireland and Wales will already be smokefree by this time. The regulations will affect ALL businesses, including yours.

We are here to help !

In order to help businesses in the Kennet area get up to speed with new legislation, we have set up this webpage to provide you with advice to help you through the process of going smokefree.

Detailed below is advice on :

Advice on implementing the new legislation and details of the areas that you will need to consider to comply with the new law
Writing a smoking policy for your business
Where to get help for any of your staff who wish to quit smoking.

Why is this legislation so important ?

Passive smoking (second-hand smoke) is now known to:

Increase risk of cancer and heart disease by 20-30%
Trigger asthmas attacks and other respiratory problems.
Cause 600 UK deaths each year from workplace exposure alone (out of a total of 12,000 UK deaths attributed to second-hand smoke exposure)

1. Implementing the new legislation

Who will be affected ?

All businesses will be affected to an extent, even if you are already smokefree, you’ll need to be aware of the law and may have to make some changes e.g. display a new sign. Some exemptions will apply to designated hotel bedrooms, and designated rooms in residential homes and secure units etc.

Where will premises need to be smokefree ?

If premises and buildings are either enclosed or substantially enclosed they will have to be smokefree. However, the regulations will not apply to external areas, for example parks, pub gardens and car parks etc.

Enclosed

Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.

Substantially (more than 50%) Enclosed

Premises are substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings that can be open or shut. This is known as the 50% rule.

A roof includes any fixed or movable structures, such as canvas awnings. Tents, marquees or similar will also be classified as enclosed premises if they fall within the definition

Smoking Rooms

Internal smoking rooms will not be allowed under the new regulations and any existing smoking rooms must close when the law comes into force.

External Smoking Shelters

The regulations will apply to external smoking shelters, which must not be more than 50% enclosed.

An example of a ‘legal’ smoking shelter

Planning Permission
Does your chosen outside area fall within the existing planning permission for the use of your premises? If not, you may have to apply for change of use. In addition, the erection of any permanent structure in an outside area may require planning permission in any event, so contact Kennet District Council’s Planning Department on 01380 724911 or email kennet@kennet.gov.uk

You should also make sure that there is no restriction on your planning permission in terms of the terminal hour of usage of any outside area.

Licensing

You may need to apply to vary your licence if there are any conditions on the licence which restrict the movement of people between areas inside and outside the premises. Sometimes there are conditions limiting the terminal hour of usage of an outside area or indeed preventing the taking of drinks to the outside area beyond the stated terminal hour. Equally, premises which have later licences may have restrictions upon the last entry or re-entry of customers. These sorts of conditions may restrict smokers popping outside for a cigarette during the later part of trading. If you have any queries contact Kennet District Council’s Licensing Section on 01380 724911 or email kennet@kennet.gov.uk for advice.

No Smoking Signage
The Department of Health will make available signs to businesses free of charge that meet the requirements set out in the regulations.

Premises and vehicles that are to be smokefree under the law will be required to have no-smoking signs in place at each entrance, displayed in a prominent position. Signage should be a minimum area of any shape that is equal to the size A5 showing the international no smoking symbol at least 70mm in diameter (the most commonly used minimum size currently); and contains in characters that can be easily read the following words:

“No smoking. It is against the law to smoke in these premises”.

Substitute words can be used for “these premises” as long as they refer to the particular smoke-free premises in which a sign is displayed e.g. “this hotel”.

A no smoking sign which displays only the international no smoking symbol (a minimum of 70mm in diameter) may be displayed in a prominent position at an entrance instead of the above A5 no-smoking sign with required words when:

Premises are located within other smokefree premises that carry the A5 sign e.g. a bar within a train station, or a shop within an indoor shopping centre.
Entrances to smokefree premises that are not for public use, i.e. staff entrances, as long as that premises carries at least one A5 sign, with the required wording as above, at one entrance.

For vehicles

It is proposed that smokefree vehicles display a no smoking sign which carries only the international no smoking symbol (a minimum of 70mm in diameter).
If the vehicles has two or more compartments it must display a no smoking sign in each compartment e.g. in each carriage of a train.

Enforcement and Penalties

Local authorities will be responsible for enforcing the legislation which will be backed up by financial penalties and fines. These are expected to range from £200 fixed penalty for failure to display a no-smoking sign, £50 for smoking in a smokefree building and up to £2,500 for employers who allow staff or customers to smoke on smokefree premises.

2. Writing a smoking policy for your business

Wiltshire PCT has produced a guidance pack to help you develop a policy for your workplace. (See Contact Details below)

3. Where to get help for any of your staff who wish to quit smoking

There are a number of local and national support services who can help.

Wiltshire Primary Care Trust Smoke Free Workplace advisor on 01380 733891, e-mail smokefreeworkplaces@kennetandwilts-pct.nhs.uk NHS Smokefree England www.gosmokefree.co.uk; www.smokefreeengland.co.uk

Need further advice ?

For advice on implementing the new legislation, writing a smoking policy or help with stopping smoking you can contact either :

Kennet District Council Customer Services
Tel : 01380 724911
E-mail: kennet@kennet.gov.uk

Wiltshire Primary Care Trust Smoke Free Workplace Adviser (Mary Devers)
Tel : 01380 733891
Email : smokefreeworkplaces@kennetandnwilts-pct.nhs.uk

NHS Smoke Free England
www.gosmokefree.co.uk (External link)
www.smokefreeengland.co.uk (External link)