New Smoking Laws
Jan 24th, 2007There will be new rules brought in for each country in the United Kingdom with regard to smoking. Here’s a brief summary of how each country will be affected.
ENGLAND
In England, the new rules take effect from July 1st and companies flouting them face fines of up to £2500.
All enclosed public places and workplaces will become smoke free from that day (including company, pool and hire cars) under the 2006 Health Act.
It will be an offence for those who control or manage smoke-free premises to fail to stop people smoking in them. “No Smoking” signs will have to be displayed.
Any company owned vehicle used by more than one person (regardless of whether they are in the vehicle at the same time) will have to be smoke free at all times, even if all drivers are smokers and use the vehicle at different times. Drivers of convertible vehicles will be exempt if the roof is down when they are smoking. Smoking will however be permitted in vehicles that are for the sole use of one person and not shared by others. The new regulations however, do not apply to privately owned vehicles used for business purposes.
Under the new Act, employers and managers will need to establish areas where smoking will constitute an offence and display “no smoking” signs, take reasonable steps to ensure that staff, customers and visitors are aware of all the aforementioned smoke-free zones and alter the staff handbook to reflect these changes and invoke disciplinary measures when necessary.
Local authorities will be responsible for enforcing the smoke-free legislation and the proposed penalties include:-
i) For smoking in a smoke-free premises or vehicle - Fixed Penalty £50, fine up to £200
ii) Failiure to display no smoking signs - Fixed Penalty £200, fine up to £1000
iii) Failiure to prevent smoking in a smoke-free premises or vehicle - fine of up to £2500.
There will be an 0800 number to report smoking offencesand enforcement officers will work with businesses in the lead up to the implementation to build understanding of the requirements and will be on duty to ensure compliance is maintained.
SCOTLAND
Scotland’s laws were brought into force in July 2006 but are markedly different to England’s where vehicles are concerned. All cars, regardless of usage type are exempt from the law with the exception of taxis. However, all other vehicles such as vans and lorries used for commercial purposes and public transportation vehicles are affected. Even if the driver is in their own van, if it is used by others for work too, then it is included in the law. The law also applies to vans travelling into Scotland from England.
“No Smoking” signs should be displayed in or on any vehicles affected by the ban so that they can be seen and read by people both in the vehicle and approaching it. The sign must state that the vehicle is no smoking and that it is an offence to smoke there or knowingly permit smoking. It must also display the details of a person such as a manager to whom complaints can be made to for failiure to observe the sign.
The rules also state that ashtrays should not be present in a no smoking premises.
Anyone flouting the laws in Scotland could face a fixed penalty notice of £200 or be prosecuted and face a fine of up to £2500.
WALES
The Welsh legislation is broadly similar to that applying to England but comes into force three months earlier on April 2nd 2007.
NORTHERN IRELAND
Legislation comes into force in Northern Ireland from April 30th. The exact details of which vehicles will be affected are currently still in draft stage and will be confirmed at the beginning of March. However, they are expected to be very similar to the English and Welsh rules.

