News - May 31st 2007

New Legislation 1st July Smoke Free England & Northern Ireland

From 1st July virtually all public spaces and workplaces will be smoke free with a ban coming into affect in England and Northern Ireland. Pulsar direct takes a look at what employers in charge of premises, vehicles and staff  will need to do.

The new law will apply to virtually all ‘enclosed’ and ‘substantially enclosed’ public places and workplaces. Premises will be considered ‘enclosed’ if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed either on a permanent or temporary basis.

‘Substantially enclosed’ will be considered as buildings with a ceiling or roof, but with an opening in the walls, which is less than half the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut. Examples of such buildings could be a football stadium or a train station platform.

Unlike in Scotland, the smoking ban will cover cars as well as vans, HGVs and public transport vehicles. The law from 1st July will require any vehicle that is being used by more than one person in the course of paid or voluntary work to be ‘smokefree.’

Vehicles will have to display no smoking signs in the passenger compartment and it will be illegal to smoke in them at any time. Legal responsibility will fall on the driver of the vehicle to prevent people from smoking in it. If you privately own a vehicle it will not have to be smokefree – unless it is regularly used to carry passengers on work trips or if business use exceeds private mileage.

How to Comply
Local councils will be responsible for enforcing the new law in England and in the run-up to July 1st will be working closely with local businesses to help ensure everyone understands the requirements of the new law.

Below is a helpful checklist for employers who will need to enforce the ban:

• Display ‘no smoking’ signs in smokefree premises and vehicles – this must show the international no smoking symbol at least 70mm in diameter
• Take reasonable steps to ensure that all individuals are aware that premises and vehicles are legally required to be smokefree
• Remove any existing indoor smoking rooms
• Ensure that no-one smokes in smokefree premises or vehicles

For further information or guidance on how to enforce or comply with the new smoking ban contact the following:

England:
www.smokefreeengland.co.uk or call the Smokefree England information line on Tel: 0800 169 1697

Wales:
www.smokingbanwales.co.uk

Scotland:
www.cleartheairscotland.com

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