Since 1 July 2007, virtually all enclosed public places and workplaces (including work vehicles) in England have been smoke free. Work has been ongoing in Bury to support businesses and protect the health of our workforce and residents since the introduction of the national legislation.
Why the need for legislation?
Exposure to second-hand smoke can cause a range of medical conditions, including: lung cancer, heart disease, asthma attacks, childhood respiratory disease, sudden infant death syndrome, reduced lung function.
Over 600 deaths each year in the UK are due to exposure to second-hand smoke in the workplace.
The introduction of smoke-free environments will:
- Reduce the risks to personal health from exposure to second-hand smoke;
- Recognise a person’s right to be protected from harm and enjoy smoke-free air;
- Increase the benefits of smoke-free enclosed public places and workplaces for people trying to give up smoking;
- Save thousands of lives over the next decade by reducing personal exposure to hazardous second-hand smoke and reduce overall smoking rates.
When is a premise to be smoke free?
All enclosed and substantially enclosed public places and workplaces (including vehicles) are required to be smoke-free at all times.
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 (e.g. 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.
Smoke free vehicles
A vehicle has to be smoke free if it is used for the transport of members of the public (whether or not for reward or hire) or if it is to be used for work by more than one person at any time. Under these regulations there is no proposal for private vehicles including rentals to be smoke free.
Who will enforce the law?
Officers have been working closely with businesses since the new legislation was introducted to ensure they understand the requirements of the new law and will be inspecting premises to ensure compliance is maintained. However, we know from the experience of other countries that smoke-free legislation is largely self-regulating.
What happens to people who ignore the law?
Where an offence occurs, authorised officers can either issue a Fixed Penalty Notice or, in certain circumstances, prosecute offenders. Offences are:
- People caught smoking in a smoke free place or vehicle will be fined £50, reduced to £30 if paid within 15 days. But, if the case comes to court, the fine could rise to £200.
- If you are caught not displaying the legally recognised no-smoking signs you will be fined £200, reduced to £150 if paid within 15 days. But, if the case comes to court, the fine could rise to £1000.
- Not preventing smoking in a smoke free place or vehicle carries no fixed penalty. But, if the case comes to court, you could be fined up to £2500.
How to contact us
Phone Environmental Health on: 0161 253 5566
Textile Hall, Manchester Road, Bury, BL9 0DG
Do you want help to stop smoking?
Don't think of stopping smoking as giving up. When you stop smoking you won't be 'giving up', you will be taking control and changing your life. For help and advice contact:
Bury Stop Smoking Service
Unit 3, 1st Floor, Elms Square Shopping Centre,
Bury New Road, Whitefield, Manchester, M45 7TA.
Phone: 0845 223 9001
Email: stopsmoking@burypct.nhs.uk
