Home
BackYou are here: Home / Living in North Herts / Housing and Environmental Health Service / Commercial Team / Health & Safety at Work / Smoke Free England
Smoke Free England
The Health Act 2006 which introduced the banning of smoking in all substantially enclosed public places and workplaces from the 1 July 2007.
There are a few exemptions for designated rooms in places such as residential care homes, hotels, prisons, and long stay mental facilities. There are specific technical requirements and signage for these rooms to ensure that the health of non-smokers is protected.
The ban does not affect your private home, even if you work from home. If as part of your job you live on business premises (for example a pub landlord) you are not allowed to smoke in areas where there is a work activity, or where the public have access.
All workplaces that are non-smoking are required by law to display a no smoking sign at entrances.
All public transport is smoke free, including taxis and coaches for private hire where a driver is employed. All work vehicles used by more than one person are to be smoke free, and have to display a no-smoking sign.
Some employers may provide a place outside for their staff and customers to smoke. This place should be far enough away from the workplace so that smoke does not drift back inside through doors, windows, or ventilation systems. It is strongly recommended fireproof containers are provided for cigarette ends, to prevent littering. Employers may wish to provide smoking shelters for the protection of their staff. These must have at least 50% of the wall area permanently open to allow smoke to disperse.
Employers may wish to write, and implement, a “smoking policy” to instruct staff and help form part of a due diligence defence. For advice and guidance, please refer to the Smoke Free England website
Under the Health Act there are three Offences;
- It is an Offence to smoke in a smoke free premises,
[A person found guilty may receive a fixed penalty notice, very similar to a car parking fine. The proposed fine for (1) is currently £50 reduced to £30 for early payment.] - It is an Offence for a Manager or person in control of a premises to permit others to smoke within designated smoke free premises,
[A person found guilty of this offence may be prosecuted and fined up to £2500 upon conviction.] - It is an Offence for a Manager or person in control of a premises not to display the necessary no-smoking signage.
[A person found guilty may receive a fixed penalty notice of £200 or prosecution resulting in a fine of up to £1000 fine upon conviction.]
Working alongside the smokefree legislation, the NHS are providing more local support for smokers who want to quit the habit. If you are a manager of employees that smoke, you should provide your staff with support on giving up if they wish to.
Contact Details
For more information, please contact the Commercial Team via the Customer Service Centre on 01462 474000, at env.health@north-herts.gov.uk or at;
Commercial Team
North Hertfordshire District Council
Council Offices
Gernon Road
Letchworth Garden City
Herts
SG6 3JF