Implications of the Smoking Ban

From the 1st of July in England, the 2nd of April in Wales and the 30th April in Northern Ireland, smoking will be banned in all enclosed public spaces and workplaces.

The aim of the smoking law is to protect workers and the general public from the harmful effects of second-hand cigarette smoke. The new law will affect most public premises, including restaurants, pubs, bars, shops, cinemas, shopping centres, leisure centres, other enclosed workplaces and public transport. The ban will also extend to company vehicles such as delivery and works’ vans, and includes company vehicles whether they are used in work time or during private use. Employees will be permitted to smoke in designated external areas around the workplace, however an employer may chose to ban smoking anywhere on their premises should they wish to do so. Authorised officers of the local authority will have powers to enter all no-smoking premises in order to establish that the smoke-free legislation is being enacted in accordance with the law. They will also be able to issue fixed penalty notices to individual people and prosecute duty holders of the premises, whom they believe are committing, or have committed, an offence under the legislation.

Employers, managers and those in control of no-smoking premises will need to display no-smoking notices and take reasonable steps to ensure that staff, customers, members and visitors are aware of the new law and that they do not smoke within their premises. We recommend the following minimum action:

- Display of no-smoking notices (as specified in the draft regulations and forthcoming guidance) in order that they are clearly visible to all employees, customers and visitors whilst they are in the premises
- Developing and implementing a smoke-free policy.
- Removing all ashtrays from premises.
- Informing anyone smoking that he/she is committing an offence.
- Requesting that they extinguish their smoking material immediately or leave.
- Refusing service for those people that continue to smoke within the enclosed public spaces and the
workplace.