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07-Oct-2008
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Smokefree Runnymede

The 75 per cent of Surrey's population who are non-smokers can literally breathe a sigh of relief on July 1 when the much awaited smokefree laws come into force.

But smokers and anyone responsible for a smokefree place need to make sure that they understand what the new laws will mean for them. A smokefree England will ensure a healthier environment, so everyone can socialise, relax, travel, shop and work free from secondhand smoke.

How will the law affect me?

Most people and businesses will be affected in some way. After 6am on Sunday 1 July 2007 it will no longer be lawful to smoke in enclosed public buildings such as:

  • pubs and clubs
  • restaurants
  • bars and cafes
  • membership clubs
  • cinemas and theatres

Smoking will also be banned in workplaces as well as on public transport or transport used for work by more than one person, such as taxis and delivery vehicles.

This will mean that if you are a smoker you will have to think about when and where you can light up and from 1 July this will have to be outside buildings. The only exceptions relate to private dwellings, designated hotel/ guest house/private members club bedrooms, designated rooms in care homes, hospices and prisons. Some businesses may make provision for smokers outside but they are not obliged to do so.

If you wish to quit smoking, you can ring the NHS stop smoking service for you or your staff on 0845 602 3608.

How will businesses be affected?

If you are a business you too will need to consider the affects of the new laws so that you can prepare in advance of the 1 July. Consider whether your staff or customers are aware of the changes, it will help if they are. Have you registered with the smokefree England website?, this is strongly recommended as it will provide you with up-to-date information and smokefree signs that you will be required to display after the 1 July. You will be required to ensure people do not smoke within your premises, consider how you will do this. If you are a licensed premises and your staff smoke, consider introducing the change early so that they can become accustomed to the change and you can iron out any problems before introducing it to your customers.

As a business some issues that you may wish to consider are whether you need a smoking policy, whether any building alterations to be made will require permission under planning law and whether you will need to make changes to your premises licence.

When is a premises "enclosed or substantially enclosed"?

The Smoke-free (Premises and Enforcement) Regulations 2006 give guidance on how to determine if premises are enclosed or substantially enclosed. More information is available from Smokefree England but a short description follows:

Premises are enclosed if they:

a) have a ceiling or roof; and

b) except for doors, windows and passageways, are wholly enclosed either permanently or temporarily.

Premises are substantially enclosed if they have a ceiling or roof but there is :-

a) an opening in the walls; or

b) an aggregate area of openings in the walls, which is less than 50% of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.

What about company vehicles?

Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it will be required to be smokefree at all times. This protects all workers who use the vehicle from harmful secondhand smoke, regardless of when they use the vehicle.

Smoking will be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger. Smokefree legislation will not apply to vehicles that are used primarily for private rather than work purposes.

If my taxi is empty, can I smoke in it?

No. All vehicles used for public transport will be required to be smokefree at all times. This will mean that a member of the public can be sure that the public transport they use will be free from hazardous secondhand smoke at all times.

Will there be a requirement for no-smoking signs in smokefree areas?

Yes. All smokefree premises and vehicles will have to display no-smoking signs.

Signs are available free to order from this website.

No-smoking signs will need to be displayed in a prominent position at every entrance to smokefree premises. Signs must meet the following minimum requirements:

  • be a minimum of A5 in area (210mm x 148mm),
  • display the international no-smoking symbol, which consists solely of a graphic representation of a single burning cigarette enclosed in a red circle of at least 70mm in diameter with a red bar across it, and
  • carry the following words in characters that can be easily read: "No smoking. It is against the law to smoke in these premises". A smaller sign consisting of the international no-smoking symbol at least 70mm in diameter may instead be displayed at entrances to smokefree premises that:
  • are only used by members of staff (providing the premises displays at least one A5 area sign with words, as set out above), or
  • are located within larger smokefree premises (for example, a shop within an indoor shopping centre).

Penalties for those who break the law?

Individuals may be fined a fixed penalty of £50 for smoking in no-smoking premises. For a summary conviction, the maximum fine will be up to £200.

The manager or person in control of any no-smoking premises could be fined a fixed penalty of £200 for failing to display warning notices in no-smoking premises. For a summary conviction, the maximum fine will be up to £1,000.

The manager or person in control of any no-smoking premises could be fined up to £2,500 for allowing others to smoke in no smoking premises.

The offence of obstruction of an officer authorised by the local authority to enforce the legislation carries a maximum fine of £1,000.

Useful links for more information

Smoke Free Surrey

Frequently asked questions

Need help giving up?

Why Smokefree? The facts behind the law

Information for Businesses

Current status of the regulations

Register with Smokefree England for regular updates, information and free signs

To register your support on Smokefree England

Case studies from Scotland

Contacts

If you need further information or guidance on the smoke-free legislation please call the Smokefree England information line on 0800 169 169 7 or visit http://www.smokefreeengland.co.uk.

A telephone line (0800 587 166 7) will also be in operation from 1 July 2007 to enable members of the public to report possible breaches of the law. This information will be passed to the relevant local council to follow-up as appropriate.

You may also call Runnymede Borough Council's Environmental Protection Team 01932 425736 or email technical@runnymede.gov.uk