(08 February 2007)
What does it mean to you?Introduction
The ban on smoking in public places comes into force in England on 1 July 2007 and in Wales on 2 April 2007. A ban is already in place in Scotland and the Republic of Ireland.
Penalties
Smoking Ban in Public Places
For failure to prevent smoking in a smoke-free public place, the penalty will be up to Level 4, £2,500 with no alternative penalty notice
For failure to display signage, the penalty will be up to Level 3, currently £1,000 or alternatively a penalty notice of £200.
For smoking in a smoke-free public place, the penalty will be up to Level 1, currently £200 or alternatively a penalty notice £50.
Furthermore ashtrays whether wall mounted or freestanding need to be in deisgnated smoking areas.
Where will smoking be banned?
In England, the ban on smoking will affect all business premises if they are wholly or substantially enclosed. This includes office premises, restaurants, pubs, hotels and shops. • Care homes• Hospices• Mental health units that provide long-term residential accommodation • Prisons *Theatre
In each entrance to smoke-free premises there must be at least one A5 sign (148mm x 210 mm). The sign must:-
• Display the no smoking symbol
• Contain the following words “No smoking. It is against the law to smoke in these premises”
• If the premises have a designated room then the sign may state as follows “No smoking.
Enforcement
The law will be enforced by environmental health officers of the local councils.
How will pubs and clubs cope?
Premises licences will need to be checked if publicans wish their customers to be able to smoke and consume alcohol in the shelters. In many cases, an application to vary the premises licence will be necessary and, in addition, planning consent may be required.
External stubbing out bins should be provided to keep litter to a minimum.
Businesses should prepare now for the ban which will come into force. They should consider issues that will affect their employees and their customers.
This briefing note is not intended to be an exhaustive statement of the law and should be not relied on as legal advice to be applied to any particular set of circumstances. Instead, it is intended to act as a brief introductory view of some of the legal considerations relevant to the subject in question.
Please enquire within for any requirements in terms of smoking signs / ashtrays / heaters / related products sales@fourcorners.co.uk...