Which places must be smokefree?
All enclosed public spaces and work places in England will be subject to Smoke Free Legislation. Virtually all workplaces used by more than one person are now subject to Smoke Free Legislation. Indoor smoking rooms in public places and workplaces will no longer be allowed. This includes every pub, club, cafe, restaurant, shop, work and public transport. Anyone wanting to smoke has to go outside.
The law applies to anything that can be smoked. This includes cigarettes, pipes (including water pipes such as shisha and hookah pipes), cigars and herbal cigarettes.
The smokefree law applies to virtually all ‘enclosed’ and ‘substantially enclosed’ public places and workplaces. This includes both permanent structures and temporary ones such as tents and marquees. This also means that indoor smoking rooms in public places and workplaces are no longer allowed.
Premises are considered ‘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.
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 area of the walls. The area of the opening does not include doors, windows and any other fittings that can be opened or shut. This is known as the 50% rule.
If you require further guidance on whether your premises are ‘enclosed’ or ‘substantially enclosed’ please contact the Smoke Free Project or download guidance.
There is no requirement for managers to provide smoking shelters. If you do decide to build a shelter click here for advice and guidance on the range of issues you need to consider, including planning permission, licensing, building control, noise and litter.
Working from home
In general, the law does not cover private dwellings. However, any part of a private dwelling used solely for work purposes will be required to be smokefree if:
Any enclosed or substantially enclosed part of a premises that is shared with other premises is required to be smokefree if it is open to the public or used as a place of work. This may include a communal stairwell or lift in a block of flats, for example.
Smokefree Vehicles
The law requires public transport to be smokefree. Work vehicles are required to be smokefree if they are used in the course of paid or voluntary work by more than one person – regardless of whether they are in the vehicle at the same time.
Vehicles used primarily for private purposes are not required to be smokefree.
It is the legal responsibility of anyone who drives, manages or is responsible for order and safety on a vehicle to prevent people from smoking.
Are there any exemptions from the law?
Only a few premises are exempt from the law such as private homes; designated bedrooms in hotels, inns, hostels, guesthouses; designated bedrooms or rooms for smoking only in care homes, hospices and prisons for use by persons over 18 years of age; residential mental health units until 1 July 2008 and specialist tobacconist shops.
All exemptions are subject to strict conditions. It is the legal responsibility of anyone who controls or manages the premises to ensure that the conditions are met and that other enclosed or substantially enclosed parts of the premises are kept smokefree at all times. For more information download the Regulations Factsheet (PDF 121kb)
In those instances where a ‘room to be used only for smoking’ may be designated, this must be designated clearly in writing as a room in which smoking is permitted.
For further advice contact the Smoke Free Project
Who is responsible for enforcing the law?
Local councils are responsible for enforcing the new law in England.
If you manage or are in charge of any premises or vehicles that the law applies to, you have a legal responsibility to ensure they remain smokefree.
What are the penalties for breaking the law?
Anyone who does not comply with the smokefree law is committing a criminal offence. There are three offences under the law:
The fixed penalty notice includes information on the details of the offence and how payment is to be made. Anyone who receives a fixed penalty notice can choose to have the matter dealt with by a court. If a person does not pay a fixed penalty notice, the matter may also be referred to a court to be dealt with.
Download Everything You Need to Prepare for the New Smokefree Law on 1 July (PDF 2.36 mb)
Download Guide to the new Smokefree Law for Businesses (PDF 3.41kb)