Smokefree Questions and Answers
What is an "enclosed" or "substantially enclosed"
workplace?
Somewhere is enclosed if it has a ceiling or
roof and except for any windows and doors, has walls or sides that
enclose it.
A substantially enclosed place is one that has
a ceiling or roof, and has walls or sides that enclose more than
50% of it.
Do businesses have to provide a shelter for
smokers?
Businesses don’t have to provide a shelter,
but they might want to have one for their staff or customers to
use. A free guidance leaflet on smoking shelters has been produced
by the Council and is available on request.
What does the smoke-free legislation require
businesses and employers to
do?
They must:-
- ensure that people don’t smoke in those parts of their premises
or in vehicles that by law have to be smoke-free.
- prominently display ‘no-smoking’ signs at the entrances to
their premises and in vehicles.
What are the penalties for non-
compliance?
The offences and penalties are:-
- Smoking in a smokefree place or vehicle - a fixed penalty
notice of £50 or a fine of up to £200
- Failure to display appropriate signs – a fixed penalty notice
of £200 or a fine of up to £1000
- Failing to prevent smoking in a smoke-free place or vehicle – a
fine of up to £2,500
Staff in Environmental Health will be
authorised to take Enforcement Action: however, we are sure that in
the vast majority of cases information and advice about the law
will be enough.
Considering a new
business?
It may be helpful to use the following
questions to identify what needs to be done:-
- Will you, your staff or any of your customers smoke? If the
answer is yes, where will these people go to smoke?
- If there is to be a smoking shelter, will it comply with the
law?
- How will you respond to staff or members of the public who
break the law by smoking in premises or vehicles that have to be
smoke free?
Where can businesses and employers get
advice?
If your business is in Harlow, to speak to an
officer, or to arrange an advisory visit telephone 01279 446111
Log onto the Smokefree England website at
http://www.smokefreeengland.co.uk/
for information about going smoke-free or
telephone 0800 1691697
The answer I want is not
here!
Mail your question to us at env.health.@harlow.gov.uk and we
will reply. If its of general significance, we'll add to our
FAQ