Smokefree

At 6am on 1 July 2007, the new smoke free legislation came into effect in England.

The Health Act 2006 prohibits smoking in virtually all enclosed public places and workplaces, including;

• restaurants
• public houses
• bars
• shops and shopping centres
• indoor markets
• club premises
• factories
• offices
• work transport
• public transport including taxis and private hire vehicles

Smoking is illegal within public places and workplaces if these are wholly or substantially enclosed, including rooms previously designated as 'smoking rooms'.

‘Smoking’ includes cigarettes, cigars, herbal cigarettes and pipes (including shisha pipes, water pipes and hookah) or smoking any other substance that gives rise to smoke.

The new law affects the majority of public premises, including workplaces and work vehicles, and applies to staff, customers and visitors. Failure to comply with the law is a criminal offence. The regulations impose the following penalties:

• For smoking in a smoke free premises

Either a fixed penalty notice of £50 or a fine of up to £200 if the case goes to court.

• For failing to display no smoking signs

Either a fixed penalty notice of £200 or a fine of up to £1000 if the case goes to court

• For failing to prevent smoking in a smoke free place

There is no fixed penalty fine; the case would go to court and the penalty would be a fine of up to £2,500

If you manage or are in charge of any premises or vehicles that the new law applies to, it is your responsibility to make sure that they are smoke free from 1 July 2007.

Contact us

if you need any further help or advice in relation to the Smoke Free Legislation please contact The Smoke Free Team.

Contact us

Smoke Free Team
Challenge Building
Hatherton Road
Walsall
WS1 1YG

Telephone 01922 652210

This page was last updated on 27 August 2008