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Smoke free law - pubs, clubs and resteraunts
Pubs, clubs and restaurants
A law requiring smokefree environments in virtually all workplaces comes into effect 1 July 2007. It ensures that all workers and members of the public are protected from the harm caused by tobacco smoke. The regulations have yet to be approved by Parliament and so this guidance may change.
Are all food businesses covered by the legislation?
Yes. The legislation covers all food businesses, which are used as a place of work by more than one person. Smoking rooms and designated smoking areas will no longer be allowed in any wholly or substantially enclosed building or structure.
What will the legislation mean in practice?
It requires the management to:
- Ensure premises are smokefree
- Display ‘No-smoking’ signs in a prominent position at all public entrances. The sign should carry the international red ‘no smoking’ symbol. Signage will be available free from the Department of Health. Register for free signage and guidance by visiting the Smokefree England website
- Take reasonable steps to ensure that customers and staff are aware that the premises are legally required to be smokefree.
What about entrances to buildings?
Outside areas are not covered by the legislation. However employers may want to consider making it a policy that smoking is not permitted within a certain distance from outside entrances, if possible, so that staff and visitors do not have to walk through a cloud of smoke to get into the building.
What about vehicles?
Vehicles used at a workplace by more than one person, regardless if they are not in the vehicle at the same time, will have to be smokefree at all times. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks long after a cigarette has been stubbed out. All vehicles will need to prominently display ‘no-smoking’ signs.
Are there any exemptions?
Certain establishments where people live and which are also workplaces eg prison cells, hospices and long-stay residential homes will be exempt. However, this does not mean that smoking will be allowed throughout the premises. Instead, employers will have to identify designated smoking rooms which:
- are completely enclosed, except for windows / doors, on all sides by solid floor to ceiling walls
- do not have a ventilation system that ventilates into any other smokefree part of the premises
- if a door opens onto smokefree premises, it needs to close by mechanical means
- are clearly marked as a room in which smoking is permitted.
It is up to the management of individual buildings to decide if visitors will be allowed to access smoking rooms. The exemption exists for residents only and therefore should not be used by staff. There is no obligation for employers of exempt places to have ‘smoking rooms’ if they do not wish to.
What are the penalties for non-compliance?
For those who have management responsibilities:
- Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
- Failing to prevent smoking in a smokefree place: up to £2500.
For individuals:
- Smoking in a no-smoking place: up to £200 or a penalty notice of £50
Do employers have to provide smoking breaks or outside smoking areas?
No on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. Staff can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or partially enclosed area. As an employer you might like to decide where smoking is allowed elsewhere on your premises eg in open car parks, grounds, or shelters.
Working men’s clubs
A law requiring smokefree environments in workplaces in England - including working men’s clubs - comes into effect 1 July 2007. The legislation ensures that workers and members of the public are protected from the risks to health from tobacco smoke and are guaranteed their right to a smokefree environment. Regulations have yet to be cleared by Parliament, until then this guidance is subject to change.
What working men’s clubs are covered by the legislation?
The legislation covers all working men’s clubs and includes private members clubs, social and sports clubs. Designated smoking areas in enclosed areas and in structures which are ‘substantially enclosed’ will be illegal.
What will the legislation mean in practice?
It requires the person responsible for the management of the club to:
- Ensure all enclosed and substantially enclosed premises are smokefree
- Display ‘No-smoking’ signage at the public entrances of the club. Signage will be available free by registering at the Smokefree England website.
- Take reasonable steps to ensure that staff and members are aware that the premises is legally required to be smokefree and that everyone abides by the law.
What about accommodation?
Member’s clubs which provide overnight accommodation may designate bedrooms where smoking is allowed for guests or members who are staying there, but all other parts of the premises must be smokefree. Designated rooms must be signposted as ‘smoking rooms’, their ventilation systems should not link into the smokefree areas and doors should be closed mechanically.
What about outdoor smoking areas?
The legislation does not cover outdoor spaces. However the members may consider making it a policy not to smoke a certain distance from entrances so that people do not have to walk through a cloud of smoke to get into the club.
What about drinking and smoking outside?
If you are considering making an outdoor area for smoking where members can take their drinks, here are some of the issues to consider:
- See if your alcohol licence extends to outside areas. If not, you will need to apply to the local council.
- If the outdoor area is licensed, check the permitted hours. If the outdoor area has an earlier closing time than the bar, customers cannot take their drink with them after the permitted time when going out for a cigarette.
- Drinking outside will generate noise and litter and may also cause light pollution, which might result in neighbours raising objections to the council.
- If you want to erect a structure where people can smoke and drink, such as a portico, awning or covered terrace with floodlighting, you will need planning permission from the local council.
Do employers have to provide smoking breaks or outside smoking areas?
No on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. (For staff under 18 this is one half hour break after four and a half hours). Staff can, of course, smoke during their rest period, if they choose—but they must not smoke in an enclosed or substantially enclosed area. As an employer you must decide whether or not to permit smoking elsewhere on your premises eg in open car parks, grounds, or shelters and you should indicate where smoking is allowed in your smoking policy.
What are the penalties for non-compliance?
Responsibility lies with the person responsible for managing the club:
- Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
- Failing to prevent smoking in a smokefree place: up to £2500.
- Responsibility lies with the individual smoking in a smokefree place.
- Smoking in a no-smoking place: up to £200 or a penalty notice of £50
Is there help for staff to stop smoking?
The NHS offers a wide range of excellent, free and easily accessible support for smokers including local Stop Smoking Services, the Together Programme, the NHS Smoking Helpline on 0800 169 0169 , and Nicotine Replacement Therapy (NRT) on prescription. For more information contact the Smokefree website.
Can I get help to make my business smokefree?
Yes visit the Smokefree website or call 0800 169 1697 and register for the latest updates and FREE resources.
What do ‘enclosed’ and ‘substantially enclosed’ mean?
Enclosed: the premises has a ceiling or roof and is wholly enclosed, whether on a permanent or temporary basis, eg tents and marquees.
Substantially enclosed: the structure has a ceiling or roof and there are openings in the walls which are less than half the perimeter of the walls. This is called the ‘50% rule’.
