UK: Smoking Ban In England

Last Updated: 1 November 2007
Article by Graeme Dickson

This article was written in advance of the introduction of legislation which came into effect on 1st July 2007. You are advised to contact a solicitor to ensure you have the most up to date advice at all times.

Smoking in enclosed or substantially enclosed public places and workplaces in England will be prohibited from 6 a.m. on 1 July 2007 under the Health Act 2006. Landlords and employers that ignore the legislation could face fines and possible criminal charges and should take action now to ensure that they comply. The Regulations providing details on the extent of the provisions have now been fully published.

Scope of smoking ban

The ban applies to all substances which a person can smoke, including manufactured and hand-rolled cigarettes, pipes and cigars. Smoking is banned in:

  • Enclosed places, defined as a space which has a ceiling or roof, and which, except for doors, windows and passageways, is wholly enclosed (either permanently or temporarily).
  • Substantially enclosed spaces, which are premises with a ceiling or roof where there is an opening (or openings) in the walls which is less than half of their perimeter.

Establishments covered by the ban include offices, churches, factories, shops, pubs, bars, restaurants, private members’ clubs, and also public transport and work vehicles used by more than one employee. If more than one person uses any part of a private dwelling as a place of work then it must also be smoke-free. There are limited exceptions including designated smoking bedrooms in hotels and rooms in hospices and some care homes.

Vehicles used primarily for private purposes are excluded from the ban, but if a vehicle is used by any other passenger or driver for work then smoking will be prohibited. The law therefore remains different from Scotland where work vehicles (whether used solely by one person or not) are covered.

Action required

Employers that currently permit employees to smoke at work, whether in designated smoking rooms, or by segregating smokers and non-smokers in different offices, will need to ensure that their working environments are smoke-free from 1 July 2007.

We would recommend to employers that they ensure that their employees have been reminded about the implementation of the new law and in particular the effect it will have upon their workplace and vehicles. Consultation should occur if appropriate.

Employers should remember that homeworkers are also covered by the new law (including the need to display the required signage). If employees work from home, then the employer must take the necessary steps to ensure that their obligations in respect of the employee’s workplace (i.e. their home) under the law have been complied with.

It will be advisable to update disciplinary procedures and codes of conduct to make a breach of the no smoking policy an act of misconduct and ensure employees are aware of the revised provisions.

Training of managers regarding their responsibilities under the new regime is to be recommended. The person, to whom any breach of the law must be reported, should also be clearly identified to the employees.

Employees wishing to smoke during the working day will have to do so outside their office buildings. Employers may wish to designate specific places outwith office premises where smoking will be permitted and/or provide facilities where this can occur, i.e. a smoking shelter (though care must be taken to prevent the shelter coming within the definition of an "enclosed" place itself). An employer may also consider imposing limits on the amount of time or number of breaks employees are allowed to take for the purposes of smoking in order to control productivity, though if such breaks are contractual rights, care must be taken before altering the position.

Enforcement and penalties

Employers must display no smoking signs in a prominent position in the entrance to all smoke-free premises and vehicles. Signs must be of a prescribed size, display the international no smoking symbol and state "No smoking. It is against the law to smoke in these premises."

Smaller signs can be used for premises used by members of staff only, in certain circumstances.

An individual found guilty of smoking in smoke-free premises or a smoke-free vehicle can be liable to a fixed penalty of £50 (discounted to £30 if paid within 15 days) or a fine of up to £200. An employer that fails to display no smoking signs could be liable to a fixed penalty of up to £200, discounted to £150 if paid within 15 days, or a fine not exceeding £1,000. Failing to prevent smoking in smoke-free premises or a smoke-free vehicle carries a fine of up to £2,500. Again this means that there are differences from the Scottish position where early payment of fines does not result in a discount of the sum due.

Local councils will be responsible for enforcing the new law. Guidance from the Department of Health suggests that the approach to enforcement will be "non-confrontational" and that enforcement action will only be considered when efforts to encourage compliance have failed. Enforcement officers will however have the power to enter premises or board vehicles to determine whether businesses are complying with the new law.


There is a significant ongoing advertising campaign by the Government to publicise the new position and they have also set up a helpful website ( which provides useful advice.

The law will bring about a radical change in England which will affect many aspects of life. There may be some element of "teething troubles" immediately after implementation but it is notable that the ban has already occurred in Scotland, Northern Ireland and Wales without significant problems.

As always, proper preparation and clear information to employees should minimise potential issues. Given the potential penalties upon an employer for failing to ensure compliance, it is likely that employers will require to take a robust approach to breaches by their employees.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.