No Smoking Regulations

Smokefree England Publishes Legislation Compliance Data.

Using information gathered by the Local Government Association (LGA) from local authorities and port health authorities in England, Smokefree England has published a report detailing levels of compliance with the Smoke Free regulations which came into force in 2007.

The Key Findings of the report are detailed below

The following data comprises cumulative figures for the first two years of the smokefree legislation ie. July 2007 to June 2009, as gathered by the enforcement authoritie.

• A total of 560,829 premises were inspected and the overall compliance rates were found to be 98.2% (no smoking) and 89.4% (signage).
• Some 105,522 vehicles were inspected and the overall compliance rates were 98.2% (no smoking) and 93.3% (signage).
• 3,735 written warnings were issued in respect of failing to prevent smoking in premises/vehicles and there were 73 court hearings.
• 10,053 written warnings were issued in respect of premises/vehicles failing to display the correct signage along with 130 fixed penalty notices. In addition, there were 16 court hearings.
• Enforcement authorities issued 1,796 written warnings and 1,585 fixed penalty notices to individuals smoking in a smokefree area. In addition, there were 52 court hearings.

The figures indicate that overall levels of compliance are good but employers are more likely to be in breach of the regulations relating to the display of suitable signage.

Enforcing authorities continue to actively enforcing these regulations and employers should continue to ensure that both they and their employees continue to comply.

Premises Signs

The law requires smoke free premises and vehicles to display prominent no smoking signs at each of their entrances. No smoking signs must:

• Be A5 size: the size of a standard A4 piece of paper folded in half from top to bottom.
• Feature the international no smoking symbol: at least 70mm in diameter.
• Read: “No smoking. It is against the law to smoke in these premises” in easy to read characters. Substitute words can be used for “these premises” as long as they refer to your particular premises, eg “this hotel”.

Vehicle Signs

No smoking signs in vehicles must carry the international no smoking symbol at least 70mm in diameter. If a vehicle contains two compartments then a no smoking sign must be displayed in each compartment.

Potential Penalties

The penalties for non-compliance of the regulations.

Smoking in a smoke free place or vehicle

• Fixed Penalty of £50
• Summary Conviction £200

Failing to display a no smoking sign

• Fixed Penalty of £200
• Summary Conviction £1,000

Allowing smoking in a smoke free place or vehicle

• There is no fixed penalty for this offence
  Summary Conviction £2,500