FAQs
When does the UK smoking ban come in to force?
- England - July 1st, 2007
- Scotland - March 2006
- Wales - April 2nd, 2007
- Northern Ireland - April 30th, 2007
What are the penalties?
- 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.
Where will smoking be banned?
Smoking in all indoor public places. Many places - such as cinemas and public transport - have rarely permitted smoking in recent years, and so it will be places like pubs, restaurants, nightclubs and private members' clubs that feel the biggest impact of the ban.
What needs to be done to comply with the SMOKING BAN?
No smoking safety signs must be displayed at each public entrance in a position that is prominently visible to persons entering the premises.
Where will smoking be allowed?
Smoking will still be allowed in the home and in places considered to be homes, such as prisons, care homes and hotels. But there are difficult decisions to be made on exemptions for places such as oil rigs, where smoking outside the workplace would be dangerous.
What is the reason for the ban on smoking in enclosed public places?
The law aims to protect workers and the general public from the harmful effects of passive smoking. It is estimated that exposure to second-hand smoke increases the risk of lung cancer in adult non-smokers by 24 per cent and heart disease in adult non-smokers by 25 per cent.
Passive smoking also causes respiratory disease and asthma in non-smoking adults and children. The UK Scientific Committee on Tobacco and Health concluded in 2004 that second-hand smoke is a serious public health risk.
Will the ban affect my business premises?
Yes, if they are wholly or substantially enclosed.
What is meant by "wholly enclosed" and "substantially enclosed"?
This relates to an area with a ceiling or roof that - except for doors, windows and passageways - is either wholly enclosed (whether permanently or temporarily); or is enclosed apart from an opening which is less than half the area of its walls.
My workplace has designated or segregated areas for smoking. Isn't this enough?
No. Only a complete ban on smoking in enclosed areas will reduce exposure to second-hand smoke. This means that the provision of smoking rooms inside workplaces will no longer be allowed.
My workplace is already smoke-free. Will I have to do anything?
You will have a duty to comply with the law.
I have a very small business with only a couple of employees who smoke. Will this law still apply to me?
Yes, if your business is wholly or substantially enclosed.
I run a hotel. How is this affected by the no smoking law?
Hotels, boarding houses, guest houses, inns and hostels will be covered by the new law.
I lease out self-catering accommodation. Will this be affected by the legislation?
No
Will the new no smoking act affect private clubs, e.g. rugby clubs, snooker clubs, golf clubs, working men's clubs etc?
Yes. Premises in respect of which a club premises certificate (within the meaning of section 60 of the Licensing Act 2003) has effect are explicitly covered by the Health Bill and cannot be exempted.
As an employer, or person in control of premises, what will I have to do to comply with the law?
Employers, managers and those in control of no-smoking premises will need to display no-smoking notices and to take reasonable steps to ensure that staff, customers, members and visitors are aware of the new law and that they do not smoke in their premises. We recommend the following minimum action:
- display of no-smoking notices and signage so that they are clearly visible to all employees, customers and visitors while they are in the premises;
- developing and implementing a smoke-free policy;
- removing all ashtrays from premises;
- informing anyone smoking that he/she is committing an offence;
- requesting that they extinguish their smoking material immediately or leave;
- and refusing service if a customer or member continues to smoke.
I run a pub where the majority of customers smoke. How can I be expected to make them stop? - it will cause a disturbance.
The vast majority of the population are law-abiding citizens and we expect high levels of compliance. This has been the case in Ireland and Scotland. The reasonable steps which you will be required to take are outlined in these FAQ's. If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette/ cigar/ pipe or leave the premises, you will not be liable under the legislation. If after you have taken these steps the person still refuses to stop smoking, you will need to implement your normal procedure for anti-social/ illegal behaviour in the premises. In any case where physical violence or intimidation is threatened, seek the assistance of the police.
Who will enforce the law?
New anti-smoking laws, which comes into force in England 1stJuly 2007, will be enforced by thousands of patrolling council officers, the Government has said.
Local councils have been given £29.5 million (US$ 58 million) to pay for officers to sit among drinkers undercover and photograph and film rule-breaking smokers. The officers, who do not have to identify themselves to pub landlords or to customers, will be empowered to issue £50 (US$98) on-the-spot fines.
What specific offences are created by the legislation?
The legislation creates three specific offences:
- Failing to display no-smoking signs in premises covered by the law
- Smoking in a smoke-free place
- Failing to prevent smoking in a smoke-free place.
In addition, it will be an offence to intentionally obstruct an officer authorised by the local authority to enforce the smoke-free legislation or to fail to assist the officer in the exercise of his functions without reasonable cause.
I want to provide external smoking shelters where my staff and customers can smoke. How should I go about this?
You will need to ensure that what you are proposing complies with the law, i.e. is not wholly or substantially enclosed. Once the definition is finalised, you would be advised to seek legal and local planning advice on the issue, in case what you have in mind requires planning or building consent.
Are there any exemptions to the law?
Only a few exemptions are proposed, mainly on humanitarian grounds or to cover workplaces which are also a person's place of residence. These include:
- designated rooms in adult residential care homes
- designated rooms in residential mental health treatment settings
- designated hotel bedrooms.
Why should I offer my staff a smoking shelter?
It solves the smoking problem inside out - keeps smokers outside but undercover, it controls where your staff smoke and keeps your workers undercover and happy.
Will a smoking shelter or canopy keep my staff happy?
Put a roof over smokers' heads and you'll be surprised at how grateful they will be.
Has having a smoking canopy structure increased business to pubs, restaurants, hotels and bars?
See our customer quote’s below:
“Fantastic! Our turnover has increased significantly since we had the canopy installed”.
Adam Jakeman – Licensee, The Kings Arms, Stainton, Cumbria.
“It’s a great asset. People just love to experience eating and drinking outdoors”
Greg Serjeant – Operations Manager, The Lord Raglan, Wokingham.
“Our restaurant is now twice the size it used to be. On only 50% usage we will recoup our investment in the first year at a cost of only 72 pence per head”.
James Yoki – Proprietor, The Waterfront, Polzeath, Cornwall.
“The outdoor canopy area is loved by smokers and non-smokers alike and has been a huge success”.
Paul Buzasi – MD, The Hotel Antoiniette, Kingston-on-Thames.
“Since installing a canopy our trade has increased. The canopy creates an ambience in our garden and encourages our customers to sit and enjoy the surroundings of our pub whatever the weather”.
Charles Gotto – Proprietor, the Ship, Wandsworth.
Do you install your smoking shelters and canopies?
Yes we can install our smoking shelters and canopies anywhere throughout the UK.
Can we pay you using a credit card?
Yes we accept most major credit cards and do charge 2.8% a fee for this service. We can also receive cheques and company purchase order numbers without any additional charges.
Can you give me a written quotation?
Yes we can provide you with a written quotation.
Can I have a smoking shelter or smoking canopy designed to suit my premises?
Yes we can offer a range of standard and bespoke designs in a variety of styles and colours, extend your premises without the cost of an extension.
Can we have our company logo put on your smoking shelters?
Yes on most of our smoking shelter range this can be arranged, keeping the shelter under your company banner.
Can you supply seating with your smoking shelters?
Yes
Isn’t the smoking ban going to be a disaster?
Although overall the smoking ban has hit club incomes in Scotland and Ireland, some have done very well out of it by acting early and investing well.
So how can I be a winner?
For some clubs smokers represent a big proportion of members, and an even higher proportion of the income. Most of them are not going to give up and will be looking for somewhere comfortable to smoke and drink. If you provide a good comfortable area, and your competitors don’t, you can expect lots of new customers who smoke to turn up - along with their non-smoking friends.
What does a ‘good comfortable area’ mean in practice?
You’ve got to work within the law. This is almost certain to say that if you have a roof (or an awning, umbrella or canopy - even if you don’t keep it extended) you can only enclose the area with 50 per cent walls, windows or doors. So if your area had two equal long sides and two equal short sides you could have one long side and one short side walled - and the other sides open. If you wanted you could have half height walls all the way round instead. The solution is up to you - and of course the planners - to decide. Of course that’s just the outside - you’ll usually need heat, light, seating and tables too to make it comfortable.
How much will it cost?
The lesson from Scotland and Ireland is ‘get it right first time’. Visit any Scottish town and licensees will tell you of canopies that have sagged under the rain, awnings that have been twisted by the wind and windbreaks that blow over all the time. And these all went wrong in summer! If you want to build your business, look on this as an investment and go for the most durable and highest quality cover that you can afford. A cheap solution won’t work as well and may well end up costing you just at much in repairs and replacements anyway.
How long have I got?
In Wales and Northern Ireland the ban probably starts at the beginning of April; for England it's the 1st July 2007. This is not long. In Scotland, planning permission is taking an average 16 weeks to obtain and there is about an eight week lead time for making materials - so that’s 36 weeks without counting any planning time, applying for changes to a licence or even doing the building work. All in all this work out at well over six months - so you really need to start now, or ideally a couple of weeks ago!
I’m landlocked what can I do?
Most clubs have somewhere that they can extend into. A bit of waste ground, onto the pavement or over a bit of a car park. Some even create spaces on top of buildings. There are many alternatives. Most will probably require planning permission and/or a change to your premises licence. If you serve a lot of smokers and genuinely have nowhere to convert you will probably lose a lot of their business - which means that you are going to have to attract a lot of non-smokers to take their place. This means some pretty active marketing - special events nights, wine or beer tasting, special foods, special menus, a refurbishment or major paint job at the very least. You could even try smoking cessation classes! Smoking members may nip out for a quick cigarette outside in the summer and then come back in. In winter they are much more likely to stay somewhere warm where they can smoke in the dry - it could be their homes or it could be another club down the road.
Won’t I be wasting my money if I invest?
For a lot of the year our climate is pretty pleasant outside (and global warming looks to be making it even hotter!). So look upon your smoking area not as a ‘sin-bin’ where smokers cluster together, but as an extension to your trading area that will be great for smokers and non-smokers. Tables with heaters and cover outside can be a big draw, and barbecues, and eating alfresco can be really enjoyable. So your investment works twice as hard - looking after and attracting smoking members while also providing great new facilities for everyone and more opportunities for them to spend money with you.
Canopies, awnings or hardtops?
It really depends on your budget. Most people that we have spoken to wish that they had spent more on their cover to make it more durable and provide better shelter. If you can, try to put up your covered zone in a sheltered area where the wind cannot get at it. Some manufacturers have wind sensors that retract the cover when the weather is bad. Of course that’s exactly when you’ll probably need it most. Remember this is not a bit of garden furniture that you are buying but a hard-working piece of equipment. Go for the best that you can.
What about the council?
Although the rules will be the same nationally, local authorities will probably interpret the rules in their own ways. Some will be harsh and some quite relaxed. Talk to them first; look at the planning application that they have allowed and avoid calling it a smoking shelter, or anything similar, if you want to get permission relatively easily. If you look for places that have already got a similar structure to the one that you are planning it will greatly help your case.
Anything I should be doing now?
Apart from planning your smoking area, getting the money together, applying for planning permission, looking for various suppliers and so on? These you should get on with straight away. But one useful tip from Ireland and Scotland is to start acclimatising yours smokers to the ban. If you allow smoking everywhere now, then suddenly ban it everywhere, your members will get an almightily shock and you are likely to lose them. Start with a ban at the bar counter, then some non-smoking tables and so on. When the ban comes in they will be expecting it and you will be much more likely to keep and build your member base.
If you have any further questions please feel free to call us on +44(0)1488 649898