Legislation by location


Business

How do I develop a smokefree policy?

To communicate smokefree legislation and ensure employees are aware of new requirements, you may wish to consider developing a written smokefree policy for your workplace.

Effective smokefree policies:

  • acknowledge the right of employees to work in a smokefree environment;
  • are concise and simple to understand;
  • identify the members of management and staff who have responsibility for the implementation of the policy;
  • identify the outside areas where people can smoke;
  • provide information on how to obtain help to quit smoking;
  • be prepared by consulting with members of staff; and
  • be communicated to all members of staff (including new members of staff before they start work).

You will need to decide how to deal with non-compliance with your smokefree policy and how the policy fits within your existing health and safety, and HR policies.

Do I have to provide a shelter for staff who smoke?

There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outside smoking shelter or area, you will need to be sure that it is not "enclosed" or "substantially enclosed" under the definitions set out in the Smokefree (Premises and Enforcement) Regulations. If you are thinking of providing a smoking shelter please discuss your ideas with the of the Council at an early stage.

Is there support available for businesses?

 Please visit the Smokefree England website for detailed guidance on compliance.

If you have staff or customers who want help with giving up smoking please contact the local NHS Stop Smoking Service.  People are four times more likely to quit successfully with NHS support.

The National Institute for Health & Clinical Excellence (NICE) has published guidance for employers showing that it is cost-effective for employers to support staff to quit smoking, due to reduced sickness absence in future years. 


Private homes

Is my home required to be smokefree?

No. The Government has no intention to make private dwellings and private residential spaces smokefree, except for parts of dwellings used solely as a place of work by more than one person.

I work from home, will it be required to be smokefree then?

It depends. Regulations state that any parts of a dwelling will be required to be smokefree if they are used solely as a place of work for: more than one person who does not live in the dwelling, a person who does live at the dwelling and any person who does not, or any person whether they live at the dwelling or not, if people who do not live at the dwelling come to give or receive goods or services.


Sports venues

Do sports stadiums have to be smokefree?

Only parts of stadiums that are enclosed or substantially enclosed will be required to be smokefree, but management may decide that the whole venue will be smokefree. All Football League grounds including Yeovil Town FC are smokefree.


Outdoors

Does smokefree legislation apply to outdoor places?

No, smokefree legislation only covers enclosed and substantially enclosed public places and workplaces. The Health Act 2006 also includes powers to make non-enclosed places smokefree if there is "significant risk that, without designation, persons present there would be exposed to significant quantities of smoke". At present, the Government does not intend to make any non-enclosed place smokefree.


Exemptions

Is this just about smoking in pubs?

No. Virtually all enclosed workplaces and public places, including offices, factories, restaurants, pubs, schools, public transport, membership clubs and shopping malls are covered by smokefree legislation, meaning the enclosed parts of these places are completely smokefree since 1 July 2007.

No. Virtually all enclosed workplaces and public places, including offices, factories, restaurants, pubs, schools, public transport, membership clubs and shopping malls are covered by smokefree legislation, meaning the enclosed parts of these places are completely smokefree since 1 July 2007.

There are limited exemptions from smokefree legislation which are set out in the  Smoke-free (Exemptions and Vehicles) Regulations.  These mainly relate to places which are peoples' homes, such as care and nursing homes.


Distances

Sometimes smoke blows back through my office window. Can smokers be made to smoke away from the building?

The smokefree law only applies to enclosed and substantially enclosed workplaces and public places. Smoking outdoors is not restricted by this law. Our advice to building managers is to decide where you want smokers to congregate, if anywhere, to avoid this type of problem.

The smokefree law only applies to enclosed and substantially enclosed workplaces and public places. Smoking outdoors is not restricted by this law. Our advice to building managers is to decide where you want smokers to congregate, if anywhere, to avoid this type of problem.