Smoke Free Enforcement

Enforcement action

Visits by Regulatory Officers to enforce Smokefree Legislation?
Regulatory officers already work closely with businesses to ensure that compliance is achieved in 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.

Support to businesses to achieve compliance?
The council approach is always one of educational, advisory and non-confrontational initially. However, our policy is to take enforcement action where there is a blatant disregard for the advice given by officers and/or where there is a serious risk to the health of employees or the general public.

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.’

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Offences 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 £1,000 or £200 fixed penalty notice
  • Failing to prevent smoking in a smokefree place: up to £2,500

For individuals

  • Smoking in a smoke free 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.

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Smoke 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 e.g. 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 seek advice from both our Commercial Environmental Health and Planning Teams on 020 8489 1335.  You should also refer to our guidance document which can be found below.  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?
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.

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Quitting Smoking

Is there help to stop smoking?
The NHS offers a wide range of excellent, free and easily accessible support for smokers including 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?
There is a Stop Smoking Information Clinic run by One You every Tuesday, 2pm to 5pm.  Contact: Tel: 020 8885 9095 | or click our One You page for further details.

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Further 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
Level 1 North  - River Park House
225 High Road
Wood Green
N22 8HQ

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Page last updated:

March 9, 2023