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If you are in charge of public premises and you fail to stop someone
smoking, you can expect to face a £2,500 fine. If you fail to
display no-smoking signs, you can be charged on-the-spot fines of
£200 or Court Fines of up to £1000.
Employers, managers and those in
charge of smoke-free premises and vehicles will need to:
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Display 'no-smoking' signs in
smoke-free premises and vehicles
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Take reasonable steps to ensure
that staff, customers/members and visitors are aware that
premises and vehicles are smoke-free
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Remove any existing indoor
smoking rooms
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Ensure that no one smokes in
smoke-free premises or vehicles
Which places must be Smoke-free?
The new smoke-free law will apply to virtually all 'enclosed'
and 'substantially enclosed' public places and workplaces. This
includes both permanent structures and temporary ones such as tents
and marquees. This also means that indoor smoking rooms in public
places and workplaces will no longer be allowed. The new law will
also require vehicles to be smoke-free at all times if they are
used:
What Signage do I have to display?
The new law will require no-smoking
signs to be displayed in all smoke-free premises and vehicles. Signs
will make it clear which premises and vehicles are smoke-free and
demonstrate that you are taking the necessary steps to meet the
requirements of the new law.
To ensure employees are aware of
smoke-free legislation and changes to your workplace you may wish to
consider developing a written smoke-free policy for your workplace.
You will need to decide how to deal with non-compliance with your
smoke free policy and how the policy fits within your existing
health and safety as well as disciplinary policies.
How will the Law be Enforced?
Local councils will be responsible
for enforcing the new law in England. However, if you manage or are
in charge of any premises or vehicles to which the new law applies,
you will have a legal responsibility to ensure they become and
remain smoke-free. Therefore, you will need to be prepared to take
action if someone does smoke in a smoke-free place.
Smoking outside your Premises
Businesses will become responsible
for cigarette butts discarded by their employees on pavements
outside offices from summer 2007 under plans published by the
Government recently. The new powers would give local authorities the
power to require the occupiers or owners to clear up litter in the
immediate area of their premises and to install disposal facilities
or risk a fixed penalty notice of up to up to £110.
Individuals may already face £80
fixed penalty notices, but these plans would give companies
responsibility for their employees’ litter as well. Discarded
cigarette ends will be subject to the extended power after
specifically being classified as litter under the Clean
Neighbourhoods and Environment Act 2005.
Newflame’s Health and Safety
Adviser, Rob Morrison, cautions, “Remember those in charge of the
premises could face a £2,500 fine if they fail to stop employees or
visitors smoking in non-smoking areas. They could also be charged
on-the-spot fines of £150 if they fail to display no-smoking signs,
with the penalty increasing to £1,000 if the case goes to court.
Those caught smoking in a banned area can face fines of £30 rising
to a court award of £200, if applicable.”
The Government has produced an
official guide which explains what you need to know about the new
law and what you will have to do to comply with it.
For more
information visit -
www.smokefreeengland.co.uk
Peterborough UK
Community Website - June 2007 |
