Frequently asked questions
Definitions
When is a premise to be smoke free?
When open to the public (when the public has access to the premise, whether by invitation or not, and whether by payment or not). All enclosed and substantially enclosed public places and workplaces are required to be smoke-free.
What is meant by ‘enclosed premises’?
A structure which has permanent or temporary walls or other structures that serve the purpose of walls and has a roof, ceiling or other device (fixed or moveable) which is capable of covering all or part of the premise as a roof (canvas awning). Tents, marquees or similar are also classified as enclosed premises if they fall within the definition.
What is meant by ‘substantially enclosed premises’?
Having a roof, ceiling or other device which is capable of covering all or part of the premises as a roof (fixed or moveable) with less than 50% opening in the walls. This is known as the 50% rule. In calculating the 50% rule, no account is to be taken of openings which include doors, windows or other fittings that can be opened or shut.
Enforcement
Fines are all well and good, but if the publican of my local persistently fails to provide a smoke-free environment, shouldn’t they lose their licence?
There is no provision in smoke-free law for offences to result in a review of a pub’s licence. We believe the penalties described in the regulations are a sufficient deterrent.
I am a landlord of a busy pub, what do I do if I cannot get someone to stop smoking on my premises? Who do I call – the police?
In such situations, management should follow their standard procedures as they would in other situations where a customer was behaving in an unacceptable and uncooperative manner.
Who’s going to enforce all of this – the smoke police?
Within regulations, enforcement is a matter for local authorities, by appointed enforcement officers. In Bury this is Environmental Health Officers. Nevertheless, we know from the experience of other countries that smoke-free legislation is largely self-enforcing.
Why are only local authorities expected to enforce this legislation? Why not the Health & Safety Executive, the Police and Community Safety Wardens? Surely the more people who are authorised, the greater the deterrent?
To ensure consistency of enforcement across England. Local authorities are also responsible for enforcement in Scotland which we understand is working well.
When will the enforcers be inspecting workplaces for non-compliance?
Enforcement officers will be working closely with businesses in order to build understanding of the requirements of the legislation and are inspecting premises to ensure compliance with the legislation that came into force on 1 July 2007.
What funding have local authorities received to help make this work?
The Department of Health has provided funding to local authorities to allow for the implementation of the Regulations and to provide advice and support to local businesses.
Who do I call if I see someone smoking in a smoke free premises?
Call Bury Environmental Health on 0161 253 5566.
Signage
Is there a requirement for signage in smoke-free areas?
Yes. All premises and vehicles that are required to be smoke-free will have to display signs as set out in the Regulations.
Does a name have to go onto the no-smoking signage?
The Regulations do not require signs to carry anyone’s name. However, organisations can choose to do this should they wish to. People who want to make a complaint about smoking in a smoke-free place should speak to the manager of the premises.
Who is responsible for providing signs for company vehicles?
Anyone with management responsibilities for the vehicle is required to ensure signage that meets requirements is displayed.
Guidance
Is there guidance on the new law?
Visit Smoke Free England website for updates or contact the Bury Environmental Health Team.
Is there guidance available on the web to assist workplaces to implement the proposed changes?
Yes, and resources are available in many forms and advice is easily accessible to assist businesses to comply with smoke-free legislation.
Go to Bury Smoke Free Leaflets
How contact us
Phone: Bury Environmental Health Team on 0161 253 5566
Email: environmentalhealth@bury.gov.uk
Is there clear guidance on providing smoking shelters?
No, however as long as smoking shelters are not enclosed or substantially enclosed, they should be lawful.
