Smoking Ban – Are you Compliant?
From 1st July 2007 it will be illegal to smoke in virtually all enclosed public places and workplaces in England. Failure to comply with the required actions set out by the ban can result in hefty fines – even for businesses who may have already had no smoking policies in place for a number of years.
Businesses are required by law to display 'no-smoking' signs prominently at every entrance to their premises and also to display signs in company vehicles. The entrance signs must be a minimum area of 210 mm x 148 mm (A5 in size) and they must display the international ‘No Smoking symbol. The signs must also carry the words: 'No smoking. It is against the law to smoke in these premises'
Company vehicles must display the international no-smoking symbol (at least 70mm in diameter) in each compartment of the vehicle in which people can be carried.
A smaller sign with just the international no-smoking symbol (at least 70mm in diameter) may be displayed at entrances to premises that are only used by members of staff, (providing the premises displays at least one A5 area sign), or located within larger premises, such as a shop within an indoor shopping centre.
Local councils will be responsible for enforcing this new law. Businesses will have a legal responsibility to ensure they are ‘smokefree’ and will therefore need to be prepared to take action if someone does smoke on the premises. Non compliance with this new law will be a criminal offence. The fixed penalty notices and maximum fine for each offence are:
- Smoking in premises or work vehicles: a fixed penalty notice of £50 (reduced to £30 if paid in 15 days) imposed on the person smoking. Or a maximum fine of £200 if prosecuted and convicted by a court.
- Failure to display no-smoking signs: a fixed penalty notice of £200 (reduced to £150 if paid in 15 days) imposed on whoever manages or occupies the premises or vehicle. Or a maximum fine of £1000 if prosecuted and convicted by a court.
- Failing to prevent smoking in an enclosed place: a maximum fine of £2500 imposed on whoever manages or controls the premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty notice for this offence.
Eileen Godfrey, head of commercial law comments,
“There is now a legal responsibility on employers and managers of businesses to ensure that the ban on smoking in public places is enforced. Failure to do so can mean financial penalties and a criminal record”.
For more information regarding the commercial department at Heptonstalls telephone Eileen Godfrey on: 01405 765661.
For more information on the Smoking ban in England visit: http://www.smokefreeengland.co.uk/