Smokefree Gloucester

GLOUCESTER.GOV.UK
Smokefree England - Frequently asked questions

As of the 1st July 2007, virtually all "enclosed" and "substantially enclosed" public places and workplaces are smokefree.

WHAT DOES THIS MEAN?
Most public places and workplaces in the country have to be smokefree. This includes all offices, factories, shops, pubs, bars, cafes, transport, restaurants, clubs (including private members clubs) and even common parts in residential buildings that are used by more than one person.

• It is an offence to smoke in smokefree premises.
• It is an offence for managers of smokefree premises to permit others to smoke within the premises.
• It is an offence for managers of smokefree premises to not display necessary signs at the premises.

The law also means that indoor smoking rooms are no longer allowed. So anyone wishing to smoke will have to go outside instead.

WHAT DOES "ENCLOSED" AND "SUBSTANTIALLY ENCLOSED" MEAN?
Premises are enclosed if they:

• Have a ceiling or roof, and
• Except for doors, windows and passageways are completely enclosed either permanently or temporarily.

Premises are substantially enclosed if they have a ceiling or roof but there are:

• Openings in the walls which make up less than half of the total wall area of the structure. This is known as the 50% rule.
• When determining the area of an opening no account can be taken of those which have fittings that can be opened and closed (windows, doors, shutters etc.).
• A roof includes any fixed or movable structure (awning etc.).
• Tents, marquees and other temporary structures are deemed to be enclosed and so the same rules apply.

WHAT QUALIFIES AS A SMOKING SHELTER?
Basically the rule of thumb is that the area must either have no roof, or have a roof and be less than 50% walled.

WHAT SORT OF SMOKING DOES THE SMOKEFREE LEGISLATION COVER?
The legislation covers all smoking, including manufactured and hand-rolled cigarettes, pipes, cigars, herbal cigarettes and water pipes (including shisha, hookah and hubble-bubble pipes).

WHAT DO I NEED TO DO TO COMPLY WITH THE SMOKEFREE ENGLAND REGULATIONS?

• Click here to down load your smokefree premises sign
• Click here to down load your smokefree vehicle sign

WHAT IF I WOULD LIKE TO TRY TO STOP SMOKING?

As a NHS Service, Gloucestershire Smoking Advice Service offer free advice and support for any smoker who wishes to try to stop smoking.  We can supply you with Nicotine Replacement Therapy products which double your chance of success or liaise with your GP should you wish to try either Zyban or Champix (available on prescription only).  Contact us on 08454 220040.

AS AN EMPLOYER, HOW CAN WE HELP OUR EMPLOYEES WHO SMOKE BUT WOULD LIKE TO TRY TO QUIT THE HABIT?

Gloucestershire Smoking Advice Service are happy to visit your company and offer advice on how best you can support your employees wishing to stop smoking.  If there are sufficient numbers wishing to make a quit attempt, one of our Specialist Advisers can arrange to see them in a group at your premises on a weekly basis for up to 6 weeks.  We see smokers at various locations around the county so if you are a small business, we could arrange to see people at the nearest location to their home or work.   Contact us on 08454 220040.

For more information, visit: www.stopsmokingsupportglos.org.uk/

Factsheets

• Click here for Smokefree information for businesses
• Click here for Smokefree information for Vehicles
• Click here for Smokefree information for Taxi's and Mini Cabs
• Click here for Smokefree information for pubs
• Click here for Smokefree information for Care Homes and Hospices
• Click here fpre Smokefree information for Hotels and B&B's
• Click here for Smokefree Information for Individuals
• The Law for selling tobacco has changed

WHAT ARE THE SPECIFIC REQUIREMENTS WITH REGARD TO SIGNS IN SMOKEFREE PREMISES AND VEHICLES?

PREMISES

• Premises that are to be smokefree under law will be required to have no-smoking signs in place at each entrance, displayed in a prominent position.
• Signage should be a minimum area of any shape that is equal to the size A5 showing the international no smoking symbol at least 70mm in diameter (the most commonly used minimum size currently); and contains in characters that can be easily read the following words:
• Click here to down load your smokefree premises sign

"No smoking. It is against the law to smoke in these premises".

VEHICLES

• Vehicles that are to be smokefree under law are required to display a no smoking sign which carries only the international no smoking symbol (a minimum of 70mm in diameter).
• If a vehicle has two or more compartments it must display a no smoking sign in each compartment e.g. each carriage of a train.
• Click here to down load your smokefree vehicle sign
• Click here for guidance on when a vehicle has to be smokefree

WHY ARE VENTILATED SMOKING ROOMS NOT AN ALTERNATIVE?
Evidence shows that ventilation does not provide a solution to eliminating the risks associated with second-hand smoke. Scientists have shown that to remove the risks of second-hand smoke, an enclosed premises would need wind tunnel-like rates of ventilation, which would then make smoking nearly impossible.

WHAT HAPPENS IF I DON'T COMPLY?
Local Authority Environmental Health staff will be enforcing this law. Initially our Enforcement Officers will give advice and warn people. However the following enforcement options are available and will be used where the educational/advisory approach has failed:

• Smoking in a smokefree premises or vehicle: a fixed penalty notice of £50 or a fine not exceeding level 1 on the standard scale (up to £200).
• Failure to display no smoking signs in smokefree premises and vehicles as required by smokefree legislation: a fixed penalty notice of £200 or a fine not exceeding level 3 on the standard scale (up to £1000).

Failing to prevent smoking in a smokefree premises or vehicle: a fine not exceeding level 4 on the standard scale (up to £2500).

Further information can be obtained from the Smokefree England website www.smokefreeengland.co.uk.

Last Updated: 05/10/07