Smoke-free

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Smoke-free Shepway

Introduction

On 1^st July 2007 the smoke-free legislation for England came into force. The rest of the United Kingdom had already successfully introduced such legislation; Scotland in March 2006 and Wales and Northern Ireland in April 2007.

The law has been introduced by the Government to protect employees and the general public from the harmful effects of second-hand smoke, a serious health hazard, to which there is no safe level of exposure.

All forms of smoking in enclosed and substantially enclosed workplaces and public places are now illegal, as well as in work vehicles used by more than one person and in public transport.

No smoking signs meeting certain requirements must be prominently displayed at all entrances to smoke-free premises and inside smoke-free vehicles, to make it clear where smoking is illegal and to demonstrate that the necessary steps are being taken to meet the requirements of the law.

Please see below for further information on various aspects of the new smoke-free law. There is also a dedicated Smoke-free Assistant available to speak to on 01303 853252.

Further information

The definition of "substantially enclosed"

Exemption for hotels etc

Exemption for residential care homes

Exemption for performers

Enforcement

Reporting incidents

Associated issue of litter

Quitting

Other resources

The definition of "substantially enclosed"

This applies when premises have a ceiling or roof but there are openings in the walls (not including doors, windows or any other fittings that can be opened or shut). If the total area of the openings is less than the total area of the walls (or other structures serving the same purpose as walls) then the premises are substantially enclosed. This is known as the 50% rule. (See also "Smoking shelters")

No smoking signs

Signs at entrances to smoke-free premises must meet the following requirements:

Be at least A5 in size
Display the international no smoking symbol at least 70mm in diameter (the circle and bar across it must be red)
Carry the following words that can be easily read - "No Smoking. It is against the law to smoke in these premises." (the words "these premises" can be varied, for example, to the actual name of your premise or in some cases to something more applicable such as "the communal areas of this building")

Those entrances used only by members of staff or for smoke-free premises located within larger smoke-free premises (for example shops within indoor shopping centres) need only display the international no-smoking symbol at least 70mm in diameter. This is also what needs to be displayed in each compartment of a smokefree vehicle.

Signs are available for download from the Smoke-free England website. Alternatively you can design your own as long as they meet the requirements, or purchase them from large office supply or stationery shops.

Smokefree vehicles

If a vehicle is used in either of the following situations it must be smoke-free:

To transport members of the public
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)

Note: If a vehicle is used for work by more than one person but primarily used for private purposes then it is not required to be smoke-free.

Smoking shelters

Some business may wish to provide a smoking shelter for their staff or customers. Please ensure that these are NOT substantially enclosed and be aware that balustrading needs to be taken into account when assessing a structure in relation to the 50% rule (the balusters may be judged close enough together that they effectively serve the same purpose as a wall, or they may be spaced far enough apart that the gaps can be taken as openings, but in either case the balusters themselves will always be included as part of the enclosed area of the shelter).

Before building anything contact Planning Control as you may need to obtain planning permission.
Make sure that you position the shelter so that smoke does not enter the enclosed parts of the premises.
Consider the fact that the structure may cause a nuisance to neighbours, for example through noise or a persistent smell of smoke.
If you are a licensed premises you may need to apply for a license variation to cover the shelter so contact the Licensing Team.

Temporary structures

These include structures such as tents and marquees and are treated in exactly the same way as permanent structures.

Note: The sides of a temporary structure such as a marquee cannot simply be rolled up to make it non-substantially enclosed but must instead be completely removed.

Exemption for hotels etc

Hotels, inns, members' clubs that provide sleeping accommodation, hostels and guesthouses can all designate individual guest bedrooms as allowing smoking. All other parts of the premises must be smoke-free and a designated bedroom must meet the following requirements:

Be designated in writing by a person in charge of the premises
Have a ceiling and, except for doors and windows, be completely enclosed on all sides by solid floor-to-ceiling walls
Not have a ventilation system that ventilates into any smoke-free area
Have a mechanically closing door
Be clearly marked as a room in which smoking is permitted

Exemption for residential care homes

Residential care homes can designate individual bedrooms as allowing smoking as long as they meet the requirements listed in the section above ("Exemptions for hotels etc"). In addition to this, they may provide a smoking room, primarily for the use of residents and their visitors only (i.e. not staff members). A smoking room must meet the same requirements as a smoking bedroom and since it is for the singular purpose of smoking should not contain any recreational material or furniture, other than that necessary to meet the mobility needs of individuals whilst they are using the room to smoke.

Exemption for performers

Where the artistic integrity of a performance makes it appropriate for a performer to smoke, he or she will be allowed to do so. This exemption does not however apply to rehearsals and such cases would need to be approved by Shepway District Council (please contact the dedicated Smoke-Free Assistant on 01303 853252).

Enforcement

Although the focus is on advice and support, formal enforcement measures will be taken for blatant or continued disregard of the law.

Smoking in a smoke-free place can result in being served with a Fixed Penalty Notice of £50, which rises to £200 for failing to display the correct signage. Anyone who manages or controls a smokefree premise or vehicle who fails to prevent smoking there risks a court awarded fine of up to £2000.

Reporting incidents

Ring the dedicated Smoke-free Assistant on 01303 853252 to report any breaches of the law that you witness. You don't have to provide any contact details.

Associated issue of litter

Staff and customers having to go outside your premises to smoke can lead to cigarette-related litter there. You may need to install cigarette bins, sweep the area regularly, and remind your staff and customers that they can be fined for littering their cigarette butts.

Quitting

If you want to give up, you don't have to go it alone. The NHS offers excellent free support so give the Stop Smoking Service for Eastern and Coastal Kent a call on 0800 849 4444 or visit their website.

Other resources

The Smoke-free England website is a valuable resource offering a wealth of information on all aspects of the smokefree legislation.

The below information leaflets are aimed at specific types of businesses and were drawn up previous to the implementation of the legislation however they still contain very useful information.

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