New Smoke Free Law - Frequently Asked Questions (FAQ’s)
Q. When was the smokefree law introduced?
Side stream smoke is the most dangerous type of second hand smoke but unfortunately it accounts for approximately 85% of smoke in a room. Q. What does smokefree legislation do? A. Smokefree legislation means that:
Q. Where will the smoke free legislation apply? A. The legislation will apply to:
Q. What does ‘enclosed premises’ mean? A. Premises will be considered 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. Q. What does 'substantially enclosed' mean? A. This is an area with a ceiling or roof that – except for doors, windows and passageways is enclosed but for an opening which is less than half of the total area of its walls, including structures that serve the purpose of walls and constitute the perimeter of the premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be opened or shut. A roof includes any fixed or moveable structure or device, e.g. retractable canvas awning, capable of covering all or part of the premises. Q. What sort of smoking does the law cover? A. The smokefree law covers the smoking of tobacco or anything that contains tobacco, or smoking any other substance. This means that anything that is smoked is covered by smokefree law, including manufactured and hand-rolled cigarettes, pipes, cigars, herbal cigarettes and water pipes (including shisha, hookah and hubble-bubble pipes). Q. What are the exemptions to the legislation? A. Most relate to places regarded as someone’s home and include, residential accommodation, designated rooms in care homes, hospices, long stay mental health units, hotel bedrooms, private vehicles and adult prisons. Designated rooms with doors that open onto smoke free premises will have to have mechanically closing devices. Designated rooms have to be clearly marked as a room in which smoking is permitted The law does not cover private homes, not used as workplaces. Nothing in the law, however, obliges an employer or manager of exempted premises to permit smoking or to provide a smoking area. Q. Don't ventilation systems remove the smoke? A. There is no safe level of exposure to second-hand smoke. Ventilation systems improve comfort by removing the smell and visibility of the smoke. They do not remove toxic carcinogens from the air. Q. I have a very small business with only a couple of employees who both smoke so does this law apply to me? A. Yes, if your workplace is wholly or substantially enclosed. Q. Do I have to provide an outside smoking shelter for my staff? A. No. Nothing in the regulations obliges an employer or manager of no-smoking premises, or exempted premises, to permit smoking or to provide a smoking area. However, if you already have outside smoking shelters or are planning to install one you should check the legality of any shelters with the Environmental Health Department on 01925 442579. Q. I don't want staff congregating outside my premises to smoke. What should I do? A. Discuss with your staff how best to meet your wishes, whilst acknowledging their needs. As a first step, review your existing smoking policy in consultation with staff. Advice on this matter can be obtained from the Environmental Health Department on 01925 442579.
A. No, but you may wish to do so to prevent litter. If so, you will need to seek advice from your local planning department as planning or building consent may be required.
A. Signage is required for both premises and vehicles which meet the following minimum standards:
For information on signage contact the Environmental Health Department on 01925 442579. Q. Do company or other vehicles require to be smoke free? A. Vehicles used as public transport and at a workplace used by more than one person, regardless if they are not in the vehicle at the same time, will also have to be smoke-free at all times. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks long after a cigarette has been stubbed out. Private vehicles may need to be smoke free if they are used for work by more than one person.
A. Councils and transport operators are required to comply with the new law, like all other businesses. If bus shelters are ‘wholly or substantially enclosed’, then they must display the appropriate signage. Q. How do the regulations apply to temporary structures? A. 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. Q. Some people say that smoking will be banned outdoors, like in the streets outside of pubs. A. 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. Q. What happens if someone smokes in a smokefree place? A. Smoking in smokefree premises or vehicles is against the law. The person with management responsibility for the premises or vehicle is legally responsible for preventing smoking as well. The guidance that businesses have received from the Department of Health includes advice on the steps that can be taken if someone smokes in a smokefree place. Q. Who is responsible for enforcing the new law? Smokefree law will be enforced by local councils and port health authorities, within the areas for which they have responsibilities. The approach Warrington Borough Council will take to enforcement is based on supporting businesses and the public to comply with the smokefree law by providing advice, support and information at first. Formal enforcement action should only be needed when the seriousness of the cases warrants such action
Experience from other smoke free countries indicates that most people will comply with the law. Click the following link to download the Smoke Free Public Places Warrington Borough Council Enforcement Policy Smokefree Compliance LineQ. Who do I call if I see someone smoking? A. If you believe someone is breaking the law by smoking in a smokefree premises or vehicle, we suggest you let a member of staff know as soon as possible so the incident can be dealt with quickly or call the your local council on 01925 442579. Members of the public can also call the national smokefree compliance line on 0800 587 166 7 to report possible breaches of the law. Your call will be answered by a call centre operator, who will then forward the information to the relevant local council to follow-up as appropriate. A call to the smokefree compliance line should be approximately 3 minutes long. Information will be emailed to local authorities on a daily basis. Q. What help is there for staff who want to stop smoking? A. The NHS provides a wide range of free and easily accessible support for smokers. For further information and practical advice contact:
Further information on smoking policies and how to go smoke free can be found at:
Useful Documents to download:
For information on the new law for selling tobacco which changes from 16years to 18 years on 1st October 2007 contact:
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