A Concise Guide to the English No Smoking Law

On 1 July 2007, the Government introduced five sets of regulations known as the "smokefree law". This piece of legislation bans smoking from most enclosed and substantially enclosed workplaces and public areas. The purpose is to safeguard employees and the general population from the damaging consequences of breathing second-hand tobacco smoke.

The main points

"Enclosed" refers to a permanent or temporary building that has a ceiling or roof and walls on all sides (allowing for windows, doors and passages). A "substantially enclosed" building has a ceiling or roof but may have an opening (excluding windows and doors) that is less than half of the walls' total area.

No smoking. It is against the law to smoke in these premises sign

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Workplaces and public areas include offices, pubs, restaurants and shopping centres, and it is now unlawful to maintain smoking rooms or areas within such premises. The law also prohibits smoking in public transport and all work vehicles that are used by more than one person.

All these environments must display appropriate no smoking signs. The signs take the form of a red circle with a diagonal band running across the picture of a lighted cigarette. This is accompanied by wording that states it is against the law to smoke in these premises or this vehicle.

Penalties and fines

Managers and owners of premises and vehicles are legally obliged to prevent smoking. If they fail to exhibit no smoking signs, they risk a £200 fixed penalty (£150 when paid in 15 days) or a court fine of up to £1,000. Should they fail to stop someone who smokes in their building or vehicle, they face a maximum court fine of £2,500.

People who smoke despite the warning signs are subject to a fixed penalty of £50 (£30 when paid within 15 days) or a fine of up to £200 if the matter goes to court.

Compliance

No smoking symbol.
100mm x 100mm.

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Each local council is responsible for enforcing the smokefree law in its area. The council will also give advice to anyone who is unsure about the definitions of enclosed and substantially enclosed premises.

Any infringement of the smokefree law must be reported to the manager or owner of the building or vehicle. The other option is to contact the local council, or phone the Smokefree Compliance Line on 0800 587 1667.

Three months before the smokefree regulations became law, the Government sent all operating businesses registered with Companies House a guidance pack that explained the implications of the legislation and contained samples of appropriate signage. To obtain further copies, see the website:

Smokefree England Guidance and Signage

Article by Kevin Watson.

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