Smoking Ban – Frequently Asked Questions

What workplaces will be covered by the legislation?

The legislation covers most public premises, which are enclosed or substantially enclosed, including restaurants, pubs, shops cinemas, shopping centres, leisure centres, other enclosed workplaces and public transport. Smoking rooms will no longer be allowed.

Essentially the new legislation ensures that almost all workers, regardless of their place of work, would be protected from the risks to health of exposure to tobacco smoke and guaranteed the right to smoke-free air.

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What does 'enclosed' mean?

Enclosed means an area with a ceiling or roof that – except for doors, windows and passageways – is wholly enclosed (whether permanently or temporarily). The definition is set out in the regulations (external link to PDF document).

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What does 'substantially enclosed' mean?

Substantially enclosed means an area with a ceiling or roof that is enclosed apart from openings which – not including doors and windows that can be opened – are less than half the area of its walls.

In simple terms this means a public place, including workplace, which has a roof and walls on at least 50% of its perimeter. The definition is set out in the regulations (external link to PDF document).

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What are the specific offences for not complying with the legislation?

The law creates 3 specific offences:

  • Failing to display No-Smoking signs in premises covered by the law (£200 Fixed Penalty or max £1000 on summary conviction)
  • Smoking in a smoke free place (£50 Fixed Penalty or max £200 on summary conviction)
  • Failing to prevent smoking in a smoke free place (£2500 max fine)

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What if people ignore the ban?

You can call the Smoke Free Compliance Line on 0845 300 2525 (English) / 0845 300 2526 (Welsh) to register any complaints about breaches of the legislation. Complaints will be passed to the relevant local authority for investigation. Calls will be charged at local rate.

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What do Businesses need to do to comply?

Employers, managers and those in control of no-smoking premises will need to display no-smoking notices and to take reasonable steps to ensure that staff, customers, members and visitors are aware of the new law and that they do not smoke in their premises. We recommend the following minimum action:

  • display of no-smoking notices (as specified in the draft regulations and forthcoming guidance) so that they are clearly visible to all employees, customers and visitors while they are in the premises;
  • developing and implementing a smoke-free policy with staff to ensure that infringements by employees, customers, members of the public etc. are dealt with under agreed procedures;
  • removing all ashtrays from premises;
  • informing anyone smoking that he/she is committing an offence;
  • requesting that they extinguish their smoking material immediately or leave;
  • and refusing service if a customer or member continues to smoke in public.

What about vehicles? Smoke-free Leaflet for Vehicles

This leaflet gives advice to all those who use their vehicle:

  • for the transport of members of the public, or a section of the public (whether or not for reward or hire)
  • for work by more than one person (even if the persons work there at different time or only intermittently)

The leaflet is available to download in the following formats:

Smoke-free leaflet for vehicles – MS Word version 2.6Mb

Smoke-free leaflet for vehicles – PDF version 299Kb

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Who will enforce the legislation?

Authorised officers from the Housing and Public Protection Department will enforce the new smoking legislation.

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When will officers prosecute?

The Housing and Public Protection Department has an enforcement policy that requires officers to be fair, consistent, proportionate, transparent and objective. Primarily enforcement officers will focus on raising awareness and understanding to ensure compliance, and work closely with local businesses to build compliance through education, advice and support.

Offences will be dealt with by the issuing of Fixed Penalty Notices, however officers will reserve the right to prosecute where there is blatant non-compliance such as repeated offences.

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What about vehicles?

It is proposed that vehicles used at a workplace by more than one person, regardless if they are not in the vehicle at the same time, will also have to be smoke-free 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 display 'no-smoking' signs.

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Are there any exemptions?

Exemptions are proposed in certain establishments, as follows, where people live and which are also workplaces:

  • Private accommodation except for:
    • communal lifts;
    • foyers, indoor stairwells or communal corridors in flats;
    • shared kitchen or laundries in dormitory style accommodation;
    • parts of premises used solely for work and used by more than one person who does not live in the dwelling (this would include circumstances when clients are visiting).
  • Designated bedrooms in hotels, guest houses, inns, hostels or members' clubs. These must be clearly marked as such and be designated in writing by the manager as a smoking bedroom and must have a self-closer on the door.
  • Designated rooms in Care Homes (as defined in the Care Standards Act 2000), hospices for adults and mental health units providing residential accommodation. A designated smoking room can be a bedroom or a room that is only used for smokers. They must be clearly marked and have a self-closer on the door.
  • Self-contained temporary or holiday accommodation
  • Prisons

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Will employers be required to provide external smoking areas?

There is no legal requirement for employers to provide designated external smoking areas e.g. smoking shelters.

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How can I have control if I am not present when someone smokes?

If you are an owner, manager or person in control of a no smoking premises you must ensure that staff are trained in how to deal with situations where someone smokes. You should have a smoking policy. If you leave staff in control of premises then you must make them fully aware that they may be responsible for ensuring compliance with the law.

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What will happen if staff are found smoking in no smoking premises?

There may be situations when enforcement officers believe it is appropriate to issue fixed penalty notices to your staff but these are likely to be rare. It is expected that you will achieve compliance within your workplace from staff by use of your own internal disciplinary procedures. It is strongly advised that you have a written smoking policy to show management control and this may be useful to you in proving due diligence. A smoking policy should include a reference to disciplinary procedures. You do not have to provide staff with an external smoking area but you may wish to consider this when setting your smoking policy.

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What is a due diligence defence under the legislation?

For an accused smoker, that they can demonstrate they did not know and could not reasonably be expected to have known the premises were no smoking. For a person who has management or control of the premises that they (or any employee or agent of theirs) took all reasonable precautions and exercised all due diligence to avoid commission of offence or there was no lawful or practicable means by which the accused person could prevent a person from smoking there. Critical to a due diligence defence for a manager etc. is to be able to demonstrate management control e.g. signage, smokefree policy, removal of ashtrays.

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What about entrances to buildings?

Outside areas are not covered by the legislation. 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.

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What help is there for staff who want to stop smoking?

If your staff want help to stop smoking, they can phone the Smokers Helpline Wales on 0800 169 0169 or contact the All Wales Smoking Cessation Service (external link) on 0800 085 2219.

The NHS provides a wide range of excellent, free and easily accessible support for smokers including; local NHS Stop Smoking Services, The Together Programme, the NHS Smoking Helpline on 0800 169 0169 and Nicotine Replacement Therapy (NRT) available on prescription.

See Useful Links

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