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Smokefree Law

The law requiring smoke free workplaces in England came into effect on 1 July 2007 at 6am.

Work Places and Public Places covered

The following places are covered:

• Any place of work that is open to members of the public
• Any place of work used by more than one person
  (even if people who work there do so at different times or only intermittently)
• Any place open to members of the public that is enclosed:
  • Has a ceiling or roof and except for doors, windows, or passageways, is wholly enclosed
  • This includes temporary enclosed structures, eg, tents and marquees, even if the sides are rolled up.
• Any place open to members of the public that is substantially enclosed:
  Has a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of the walls including other structures which serve the purpose of walls. This is the 50 per cent rule:
  • If 50 per cent of the walls or more are missing then it is legal to smoke in the area

Entrances to buildings

Outside areas are not covered by the legislation, however employers may want to consider making it a policy that smoking is not permitted within a certain distance from outside entrances, so that staff and visitors do not have to walk through a cloud of smoke to get into the building, and smoke cannot drift into a smoke free area. Such a distance is not specified by law. 

Smoking breaks

Employers do not have to provide smoking breaks.

• By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours.
• Staff can, of course, smoke during their rest period, but they must not smoke in an enclosed or substantially enclosed area.

Outside smoking areas

• If you wish to provide an outdoor shelter or canopy for staff or your customers then planning permission is most likely to be needed. Phone: 0845 300 6091 for advice.

Vehicles

An enclosed vehicle needs to be smoke free if it is used:

• By members of the public or a section of the public, whether or not for reward or hire
• In the course of paid or voluntary work by more than one person, even if the persons who work there do so at different times or intermittently.

Help for Businesses to become Smoke Free

• Smoke Free England
• Smoke Free Harrogate 

Help for staff to stop smoking

The NHS offers local Stop Smoking Services, phone NHS Smoking Helpline on 0800 169 0169 for details. Or see the Go Smoke Free website.