Smoke Free Enforcement
- Enforcement action
- Offences and Penalties
- Smokefree Associated Issues
- Quitting smoking
- Further information
Enforcement action
Will there be any change to the usual visits by regulatory officers?
No. Regulatory officers already work closely with businesses to ensure that compliance is achieved with a wide range of legislative requirements for example in respect of food safety, occupational health and safety and environmental protection. It is envisaged that the approach taken to smokefree legislation will be in the same manner as that usually adopted by the council, i.e. on a risk based approach.
Will there be support to businesses to achieve compliance?
Yes. ‘Initially an educational, advisory and non-confrontational approach should be taken, both before and for a period of time after the legislation comes into force. Subsequently, it will become apparent which businesses are making efforts to comply and which are not.
What happens where non-compliance is not deliberate?
‘Where non-compliance is due to misunderstandings or a lack of diligence, then further information, advice and guidance can be provided. However, where it is evident that serious efforts are not being made to comply, or the attitude is un-cooperative or antagonistic, then a decision to take enforcement measures should be considered.
What happens where a person is determined to flout the law?
It is likely that enforcement actions will attract publicity and public attention and it is recommended that each decision on enforcement action should be properly considered and with clear justification. Where a person is determined to flout the law a robust response will be appropriate.’
How will a successful implementation of the legislation be measured?
The experience of other countries has shown that this type of legislation is widely supported, that high rates of voluntary compliance can be anticipated and that there will therefore be only a minimal need to employ enforcement measures.
Successful implementation of smokefree legislation will therefore be measured by the number of premises that are meeting the requirements of the law and are smokefree and/or where smoking no longer takes place, rather than by the number of enforcement actions taken by any individual authority.
|Back to topOffences and Penalties
What are the offences under the new law?
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
When there is any case of non-compliance occurring the council’s approach will be to encourage compliance through raising awareness and offering advice. Only if this fails will offenders be fined.
|Back to topSmoke free associated issues
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.
What about providing Smoking Shelters
The smokefree legislation does not require you to provide smoking shelters in your premises. Before installing any shelter you should speak to our Commercial Environmental Health Team on 020 8489 1000. Not all shelters would comply with the law and most would require planning permission.
Could noise become an issue?
Yes. Moving smokers outside would in some cases result in an increase in street noise particularly at night. You should consider how your customers’ noise could affect local residents and put measures in place to avoid it. Otherwise you risk having your license reviewed.
Could litter become a problem?
Yes. Cigarette butts are an avoidable consequence of cigarette smoking. You should put in place bins and ensure it does not cause an obstruction. If necessary you may need to arrange for extra cleaning for outside of your premises. If cigarette litter build up around your premises you may be fined.
|back to topQuitting Smoking
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.
Information about your local NHS Stop Smoking Services found at the NHS Smoke Free website (external link)
Are there such services locally?
Yes.
For help and advice on how to stop smoking, or to support employees who wish to stop smoking, contact The Enfield and Haringey Quit Smoking Service on 0800 085 6258.
|back to topFurther information
Where can I find out more information about going smokefree?
Either log onto the NHS Smoke Free website (external link) or phone the Smokefree England Information Line 0800 169 1697
For further information and assistance on smokefree matters in Haringey Council please contact:
Commercial Environmental Health
Single Frontline Service
Units 271-272
Lee Valley Technopark
Ashley Road,
Tottenham,
London N17 9LN
Tel 020 8489 1000
Email enforcement@haringey.gov.uk
