SmokeFree

General

What is the definition of 'enclosed' and 'substantially enclosed'?
Is this just about smoking in pubs?
How do the regulations apply to temporary structures?
Does new smokefree law apply to premises and vehicles used for voluntary work?
Why are ventilated smoking rooms not an alternative?
Some people say that smoking will be banned outdoors, like in the streets outside of pubs.
Sometimes smoke blows back through my office window. Can they be made to smoke away from the building?

Business

How do I develop a smokefree policy?
What about a smoking shelter?
Can I still have a staff smoking room?
My workplace became smokefree before the law was introduced. That means I'm already compliant, doesn't it?
Is there any support for business?

Home

Is my home required to be smokefree?
I work from home, is it required to be smokefree?

Sports stadiums

Does this legislation cover sports stadiums?

The Health Act 2006 sets out that premises that are open to the public, or are used as a place of work (by more than one person or where members of the public might attend to receive or provide goods or services) are to be smokefree in areas that are enclosed or substantially enclosed. This includes both permanent structures and temporary ones such as tents and marquees. A roof includes any fixed or movable structures, such as canvas awnings.

Enclosed - Premises are 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.

Substantially Enclosed - Premises are considered to be substantially enclosed if they have a ceiling or roof, but have an opening in the walls, which is less than half of the total areas of walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.

View the Smokefree (Premises and Enforcement) Regulations (PDF, 52kb)

More information on what is "enclosed" and "substantially enclosed" is in the Smokefree England "Everything you need guide".

Smokefree England "Everything you need guide"

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No. Virtually all enclosed workplaces and public places, including offices, factories, restaurants, pubs, schools, public transport, membership clubs and shopping malls are covered by the smokefree law, meaning that enclosed and substantially enclosed parts of these places are required to be smokefree. Public vehicles and work vehicles that are used by more than one person are also be required to be smokefree.

There are limited exemptions from the smokefree law that are subject to the strict conditions set out in the Smoke-free (Exemptions and Vehicles) Regulations.

View the Smokefree (Exemptions and Vehicles) Regulations (new window)

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Temporary structures that are open to the public, or used as a place of work, are covered under the legislation in the same way as permanent structures. A marquee, for example, is required to be smokefree and needs to carry appropriate signage if it is either enclosed or substantially enclosed as defined in the regulations.

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Yes, the smokefree law applies to all work, including voluntary work.

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Evidence shows that ventilation does not provide a solution to eliminating the health risks associated with secondhand smoke. Scientists have shown that to remove the risks of secondhand smoke, an enclosed premises would need wind tunnel-like rates of ventilation, which would then make smoking nearly impossible.

You can read more about this in the joint 2003 report from the Health and Safety Authority and the Office of Tobacco Control of the Republic of Ireland titled "The Health Effects of Environmental Tobacco Smoke in the Workplace".

Report on the health effects of environmental tobacco smoke (ETS) in the workplace (pdf, 252KB)

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The Health Act only requires enclosed or substantially enclosed parts of premises that are public places or workplaces to be smokefree. The Health Act does include powers to make non-enclosed places smokefree if there is a significant risk that people there might be exposed to significant quantities of smoke. The Government, however, has no plans to make any non-enclosed places smokefree at the present time.

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The provisions made 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.

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To ensure employees are aware of the requirements of the smokefree law, you may wish to consider developing a written smokefree policy for your workplace.

Effective smokefree policies:

• are concise and simple to understand;
• explain the reasons for the policy;
• acknowledge the right of employees to work in a smokefree environment;
• make reference to the relevant smokefree legislation;
• states that the policy applies to workers at all levels as well as to visitors and customers;
• identify where smoking is/is not permitted;
• are concise and simple to understand;
• identify the members of management and staff who have responsibility for the implementation of the policy;
• state how the organisation will deal with non-compliance;
• provide information on how to obtain help to quit smoking;
• include a consultation with members of staff;
• are communicated to all members of staff (including new employees before they start work).

You will need to decide how to deal with non-compliance with your smokefree policy and how the policy fits within your existing health and safety, and HR policies.

Download a template smokefree policy (PDF, 408KB)

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There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outsider smoking shelter or area, you need to be sure that it is not 'enclosed' or 'substantially enclosed' under the definitions are set out in the Smokefree (Premises and Enforcement) Regulations. You may also need to consider other issues such as planning, licensing and building control, noise and litter - your local council can provide advice.

See above for the definition of 'enclosed' and 'substantially enclosed'

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No, indoor smoking rooms are no longer allowed. You can have an outdoor smoking shelter, although there is no requirement for you to do so. If you do decide to provide a shelter, you will need to make sure that it is not 'enclosed' or 'substantially enclosed'. You may also need to consider other issues such as planning, licensing and building control, noise and litter - your local council can provide advice.

Click here to locate your local council (new window)

• ensure that required no-smoking signs are displayed in smokefree premises and vehicles
• take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
• ensure that no one smokes in smokefree premises or vehicles

Guidance, signage and supporting materials such as a sample smokefree policy and suggested steps to take if someone smokes in a smokefree place can be downloaded or ordered below.

Download guidance, signage and supporting materials

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Yes. In April 2007, employing businesses that were actively trading and registered with Companies House were sent a full guidance pack by post. This pack contained a booklet explaining what businesses need to do, examples of compliant signage for smokefree premises and vehicles, a sample smokefree policy and suggested steps to take if someone smokes in a smokefree place.

Download guidance, signage and supporting materials

If businesses need any advice regarding their own specific circumstances, we suggest they contact their local council.

Click here for contact details of your local council (new window)

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It depends. The law requires that any parts of a dwelling will be required to be smokefree if they are used solely as a place of work for:

i. more than one person who does not live in the dwelling,

ii. a person who does live at the dwelling and any person who does not, or

iii. any person whether they live at the dwelling or not, if people who do not live at the dwelling come to give or receive goods or services.

If you are unsure, you may wish to contact your local council for advice.

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