Whilst some employers already operate a ‘no smoking’ policy, from 1 July 2007 (2 April 2007 in Wales) the UK will become ‘smoke-free’. From this date it will be unlawful to smoke both in public places and in the workplace.
Enclosed and substantially enclosed premises must be smoke-free if they are used as a place of work by more than one person or where members of the public receive goods or services. Exclusions apply to premises and workplaces such as prisons and care homes. Hotels will be allowed to continue to offer designated smoking bedrooms but stringent conditions will apply to the provision of these rooms.
Any person knowingly smoking in smoke-free premises will face a fi ne of up to £200 or a penalty notice of £50. Owners and managers of smoke-free premises will incur a fi ne of up to £2,500 if they allow smoking on their premises.
Vehicles
Employers should note that the restrictions also apply to work vehicles, used by more than one person, if the vehicle is enclosed or substantially enclosed. For those employers who afford their employees the luxury of a convertible vehicle, these are excluded from this restriction supposing that the smoker only smokes whilst the roof is down!
Signage
The Regulations require A5 signs showing the international No Smoking symbol (see below) together with the words:
"No Smoking. It is against the law to smoke in these premises."
to be displayed in a prominent position at each entrance to each smoke-free premises. The Regulations set out specifi c instructions as to the content and size of these signs and these requirements differ in Wales. Failure to display a sign in accordance with the Regulations could result in a fi ne of £1,000 for summary conviction or £200 fi xed penalty fine reduced to £150 if paid within 15 days. A sign showing the No Smoking symbol must be displayed in all vehicles caught by the Regulations.
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.
