What do I do if someone breaks the law and smokes in my premises/vehicle?
The vast majority of people want to comply with the smokefree law and will not smoke inside enclosed public places. However, if you find yourself having to deal with someone smoking inside your premises you are advised to do the following:
- Inform the person that this is a smokefree premises/vehicle and draw their attention to the no-smoking signs. Ask them to stop smoking and provide an ashtray (if appropriate) for them to dispose of their cigarette
- Inform the person that they will be committing a legal offence if they continue to smoke inside the premises and that you could be fined also for allowing smoking inside the premises
- Refuse service to the person, if your business provides a service
- If the person still refuses to stop smoking, implement your normal procedure for dealing with antisocial or illegal behaviour. Seek police assistance if physical violence is anticipated or encountered.
For employers whose staff are breaking the law, this should be dealt with under your normal disciplinary procedures.
In all cases you are expected to show that you have taken ‘all reasonable steps’ to ensure that staff and /or customers do not smoke inside your smoke free premises/vehicle, including displaying the correct signage, drawing up a smoke free policy.
It would also be prudent to record all incidents of individuals smoking in smokefree areas within your premises and /or vehicle to include the following details.
- Date and time of incident
- Where person was smoking
- What action was taken by staff (including name of staff member)
- Outcome
- Name of person smoking (if known)
Note: If you manage or are in charge of any premises or vehicles that the smokefree law applies to, it is your responsibility to make sure that they become and remain smokefree.
Contact us
Public Protection
Environmental Health and Consumer Services
Challenge Building
Hatherton Road
Walsall
WS1 1YG
Telephone 01922 652227
Email healthandsafety@walsall.gov.uk