No Smoking

Since 1st July 2007, it has been against the law to smoke in enclosed or virtually enclosed public places and workplaces, including vehicles. Andrew Bryan says:

"We have been advising local businesses on the new law. They need to make sure they have the following:

• All the required no smoking signs in place
  
• Staff, customers, members or visitors are aware that the premises and vehicles are legally required to be smoke free


• All existing smoking rooms have been closed or removed

It is now against the law to smoke in most enclosed and substantially enclosed public places and workplaces. Some local councils are considering banning it in public parks too. Premises are “enclosed” if they have a ceiling or roof and are wholly enclosed either on a permanent or temporary basis (except doors, windows or passageways). Premises will be considered substantially enclosed if they have a ceiling or roof, but have an opening in the walls which is less than half the total area of the walls. The area of the opening does not include doors, windows or other fittings that open or shut. A smoking shelter that has a roof, back and two sides will be substantially enclosed.

If a company decides to provide a unenclosed smoking shelter, it must check with the local authority as there may be planning permission required, licensing, building control and noise issues to consider. Private clubs and company cars are also subject to the ban. Those using their home for work purposes will also have to abide by the rules in those places where clients or customers go, and will need to put up No Smoking’ signs. On the spot fines of £150 can be imposed, as well as other penalties."

If you want legal advice on these new rules or any other health and safety issue relating to your business call Andrew on 023 9221 0170.