Enforcement

Who enforces the smokefree regulations?

Smokefree legislation will be enforced by all local authorities. We have adopted a graduated approach to enforcement.


What is your attitude toward the enforcement of smokefree legislation?

During the build up to the new law, and in the first few months the emphasis was on supporting businesses to achieve compliance with the new law,an objective that has been largely achieved, with compliance close to 100%. Officers are routinely checking compliance and following up complaints alleging breaches of the law, and will continue to do so. 

However, as the law has now been in place for many months the Council has now begun to issue fixed penalty notices to offenders.


What are the fines?

The penalties and fines for the smokefree offences set out in the Health Act 2006 are:

  • Smoking in a smokefree premises or vehicle: a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of a notice) or a fine not exceeding level 1 on the standard scale (up to £200)
  • Failure to display no smoking signs in smokefree premises and vehicles as required by smokefree legislation: a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine not exceeding level 3 on the standard scale (up to£1000)
  • Failing to prevent smoking in a smokefree premises or vehicle: a fine not exceeding level 4 on the standard scale (up to £2500)

Fines are all very well, but if the publican of my local persistently fails to provide a smokefree environment, shouldn't they lose their licence?

There is no provision in smokefree legislation for smokefree offences to result in a review of a pub's licence. We believe the penalties are a sufficient deterrent, and the Government expect that pubs and other hospitality venues will want to comply with the legislation to make their premises a better and more healthy place to visit and work.


Who do I call if I see someone smoking?

Please contact us and report it to the smokefree officer giving as much information as possible. We will ask for your personal details so that we can be sure it is a valid complaint, but will not disclose your details to others.