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FAQ
: Frequently asked questions
You can use the FAQ section of the website to help you find answers to commonly asked questions.
Smokefree
Questions and Answers -
For businesses and organisations
FAQ : Who is responsible for preventing smoking in work and public places?
People who manage or are in charge of any premises or vehicle where the smokefree law applies have a legal responsibility to ensure they remain smokefree.
FAQ : What you have to do to ensure your business is Smokefree?
You need to make sure that:
- You have the required 'No Smoking' signs in place (see FAQ below)
- Staff and customers aware that your premises and vehicles are smoke free.
- Enclosed rooms previously used for smoking, have been removed or declassified.
- If asked, you should able to demonstrate that reasonable steps have
been taken to meet the requirements of the law. This might include producing
evidence that you :
- Have a Smokefree policy.
- Train staff to understand the law, what their responsibilities are and the disciplinary measures that can be used if they contravene it.
- Keep a written record of any breaches of the legislation, who was involved and the outcome.
FAQ : What signage will be required?
No smoking signs have to be displayed in a prominent position at every entrance to a smokefree premises.
Signs must meet these minimum requirements :
- Be a minimum of A5 in size (210mm x 148mm)
- Display the international No Smoking symbol at least 70mm in diameter
- Carry the following words in characters that can be easily read : 'No smoking. It is against the law to smoke in these premises'.
- See right for an example of the required signage.
A smaller sign showing the international 'No Smoking' symbol (see top of page) may be displayed at entrances that :
- Are only used by members of staff - providing the premises displays at least one A5 size sign.
- Are located within a larger smokefree premises.
- See right for an example of the required signage.
Signs, posters and information leaflets can be downloaded and printed from :
FAQ : Where is smoking allowed?
Smoking is not allowed in any enclosed or substantially enclosed rooms within public places or workplaces. Smokers have to go outside to smoke. It is up to individual companies if they allow smoking within their external boundaries.
FAQ : What are the regulations regarding smoking shelters?
There are no requirements regarding the provision of outdoor shelters for smokers. However, if smoking shelters are provided they have to conform to regulations. Shelters may have a roof but any walls will have to be less than half the total area of the perimeter (the open area does not include doors, windows or any other fittings that can be open or shut.)
If you are planning to have a shelter you should contact the council as there may be a need for planning permission, or safeguards against noise and litter.
FAQ : Are works vehicles covered by the legislation?
Any works vehicle that is used by two or more people (either drivers or passengers) is required to be smokefree at all times, and to display 'No Smoking' signs in all the passenger compartments.
FAQ : What are the fines?
Fixed penalty notices will be enforced for failing to display 'No Smoking' signs. The fine will be £200 (£150 if paid within 15 days). A court-awarded fine can be up to £1000.
Failing to prevent smoking in a smokefree place will incur a court-awarded fine of up to £2500
FAQ : What should be done if someone smokes in a smokefree place?
If someone is smoking in a smokefree premises or vehicle, you need to take action:
- Draw their attention to the 'No Smoking' signs and ask them to stop smoking.
- Point out that they are committing a criminal offence by smoking.
- Remind the person that you could both receive a fine
If a customer continues to smoke you could consider not serving them or not providing services to them. You could also ask them to leave the premises.
If an employee breaks the law you may wish to take disciplinary action.
If someone who is smoking threatens physical violence then it’s suggested that you seek assistance from the police.
FAQ : Are there any exemptions?
Very few. Hotels, inns, hostels, guesthouses may designate individual guest bedrooms for smokers, providing certain conditions are met, but all other parts of the premises must be smoke free.
Smoking in care homes may also be permitted in individual bedrooms or rooms used only for smoking.
FAQ : Is there any help for staff that want to stop smoking?
Around 70% of smokers say they want to stop smoking.
Contact West Sussex Primary Care Trust for further information to help your staff and customers become non-smokers on (01903) 708000 or see the West Sussex Primary Care Trust website (www.westsussexpct.nhs.uk/healthy-living/go-smoke-free).
There is also an on-line resource at the NHS smoke free website(http://smokefree.nhs.uk/)
If you have any questions regarding the new Smokefree laws please contact :
- Environmental Support
on (01273) 263331 or 263332
or send Environmental Support an e-mail
This should only be used as a guide and not a strict interpretation of the law.
If none of these answer your question(s) then please contact :
- Council business matters, Tel : (01273) 263000 or send a general enquiry e-mail
- Website matters : Webmaster
