Smoke Free Businesses
Smoke Free businesses
Since 1 July 2007 all enclosed public spaces in England and Wales have been smoke free.
This includes:
- Pubs
- Clubs
- Shops
- Work places
- Public transport
- Work vehicles
- Cafes
- Restaurants
- Shisha Lounges
What premises should be smokefree?
To determine whether a workplace or public place is required under the legislation to be smokefree, it must be:
- Used as a place of work by more than one person (even if persons who work there do so at different times, or only intermittently); or
- Open to members of the public; and
- In either case it must be enclosed or substantially enclosed.
What are places of work?
Premises that are places of work for more than one person will be required to be smokefree at all times in all enclosed and substantially enclosed parts, even if people work there at different times of the day, or only intermittently. A place of work used only by one person will also be required to be smokefree at all times if members of the public enter the premises, for example to receive goods or services.
What are premises that are open to the public?
Premises that are open to the public will be required to be smokefree in all enclosed and substantially enclosed parts. Premises are open to the public if the public, or a section of the public, has access. It does not matter whether access is open to everyone, or if access is restricted to certain members of the public by way of invitation or payment – the premises will still be required to be smokefree.
What is the definition of ‘enclosed’ and ‘substantially enclosed’ premises?
Premises will be considered to be 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 areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises.
What workplaces and public places are covered by the legislation?
The new legislation cover virtually all enclosed and substantially enclosed public places and workplaces, including shops, offices, factories, pubs, restaurants, public transport, and work vehicles used by more than one person. Indoor workplace smoking rooms will disappear so anyone wishing to smoke will have to go outside instead.
What is the definition of ‘enclosed’ and ‘substantially enclosed’ premises?
Premises will be considered to be 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 areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises.
What is the 50 per cent rule?
The 50 per cent rule – put simply:
- if 50 per cent of the walls or more are missing then it is legal to smoke in the area; or
- if more than 50 per cent of the walls are present then it is illegal to smoke in the area.
When determining the area of an opening, no account can be taken of openings in which there are doors, windows or other fittings that can be opened or shut.
A roof includes any fixed or movable structures, such as canvas awnings.
What about tents, marquees or similar shelters?
Tents, marquees or similar constructions will also be classified as enclosed premises if they fall within the definition (note that tent/marquee side-panels will be classed as rolled down even when they are rolled up).
In general if an opening or cover can be closed, the 50 per cent rule will be calculated on the basis that those openings are closed.
What does the legislation mean for employers?
It requires employers to:
- Ensure their premises are smokefree.
- Display ‘No-smoking’ signs in a prominent position at all public entrances. Businesses can register for free signage and guidance on the Smokefree England website (external link) or contact 020 8489 1335.
- Take reasonable steps to ensure that customers and staff are aware that the premises are legally required to be smokefree and that everyone complies with the law.
Ten Reasons to go Smokefree
- Second-hand smoke exposure kills and harms health
- Every worker has the right to be protected from exposure to tobacco smoke
- Scientific evidence shows that ventilation does not protect against exposure to tobacco smoke
- Smokefree laws do not result in negative economic effects
- Freedom of choice includes the responsibility not to harm others
- The public supports smokefree legislation
- The public complies with smokefree legislation
- It has been done elsewhere. It can be done everywhere
- It is a cost effective public health intervention
- Comprehensive smokefree policies work
What about entrances to buildings?
Outside areas are not covered by the legislation. However employers may have a policy that smoking is not permitted within a certain distance from outside entrances so that staff and visitors do not have to walk through a cloud of smoke to get into the building.
What can you expect in the following businesses?
- Hotels, B& Bs, pubs with bedrooms: All public areas, e.g. reception, dining, bar and corridors, will need to be smokefree. The legislation does not require smokefree bedrooms, but if smoking is allowed in a bedroom it needs to be clearly signposted as ‘smoking room’, its ventilation system does not link into smoke-free public areas and have doors fitted with a mechanically closing device to prevent smoke drift.
- Taxis, mini cabs, private hire car: smokefree at all times and display no-smoking signage.
- Hair salons: smokefree at all times, including a shop in a person’s home, and display no-smoking signage.
- Shopping malls: totally smokefree including food outlets with no-smoking signage at the entrance to the mall and at the entrances to shops within the mall.
- Work vehicles: smokefree at all time if used by more than one person, even if the person is not in the vehicles at the time and display ‘no-smoking’ signage.
- Schools: smokefree in enclosed buildings; schools applying for the National Health School Standard are also required to make their entire site includes grounds smokefree.
- Pubs: smokefree in the pub itself; smoking will be permitted in outside smoking shelters which meets the local authority’s licensing, planning and highways regulations.
Are there any exemptions?
- Private dwellings are not covered by the legislation. Also certain establishments where people live and which are also workplaces eg prison cells, hospices and long-stay residential care homes are exempt. However, this does not mean that smoking is allowed throughout the premises.
- Bedrooms in which smoking is allowed must meet the following conditions:
- are completely enclosed, except for windows / doors, on all sides by solid floor to ceiling
- walls do not have a ventilation system that ventilates into any other smokefree part of the premises
- if a door opens onto a smokefree landing, the door needs to be fitted with a mechanical closing device to prevent smoke drift
- is clearly marked as a room in which smoking is permitted.
- Designated smoking room
If the policy does not allow smoking in bedrooms, then employers can identify a designated smoking room but it must meet the conditions described above. It also will be up to the management to decide if visitors can smoke in smoking rooms. The smoking rooms are not to be used by staff. There is no obligation for employers of exempt places to have ‘smoking rooms’ if they do not wish to.
What are the Legal provisions
The provisions under the Health Bill only pertain to enclosed and substantially enclosed workplaces and public places. Employers and business owners will continue to have responsibilities under Health and Safety legislation and will need to consider any issues that might arise and take the most appropriate action.
Of course, employers may wish to put voluntary smokefree policies in place that set out where people can smoke. If you decide to have a smokefree policy contact 020 8489 1335.
Further information:
Smoke Free England is a helpline set up by the Government. Call the helpline on:
Tel: 0800 587 1667