A law requiring smokefree environments in workplaces, including hotels and B&Bs, came into effect 1 July 2007. The legislation ensures that workers and members of the public are protected from the risks to health from tobacco smoke and are guaranteed their right to work in a smokefree environment.
What accommodation is covered by the legislation?
The legislation covers all places providing accommodation. Smoking areas in the public areas of enclosed places and in structures, which are 'substantially enclosed', will not be allowed. This means that all public areas, e.g. reception, dining, drinking, lift and waiting areas are legally required to be smokefree.
What do 'enclosed' and 'substantially enclosed' mean?
Enclosed: the premises has a ceiling or roof and is wholly enclosed, whether on a permanent or temporary basis, e.g. tents, marquees, conservatories.
Substantially enclosed: the structure has a ceiling or roof and there are openings in the walls, which are less than half the perimeter of the walls (doors and windows are not classed as “openings”). This is called the '50% rule'. For more detailed information click onto www.smokefreeengland.co.uk.
Do all bedrooms have to be smokefree?
The smokefree legislation allows hotels to designate bedrooms where smoking is allowed for guests who are staying there, but all other parts of the hotel must be smokefree. The rooms allocated for smoking must be done so in writing and records are available for inspection upon request.
What will the legislation mean in practice?
It requires a hotel manager/owner to:
- Ensure all enclosed and substantially enclosed premises and work vehicles used by more than one person are smokefree
- Display 'No-smoking' signage at the public entrances and in work vehicles. Signage is available free at www.smokefreeengland.co.uk.
- Ensure bedrooms that are not smokefree are clearly signposted as 'smoking rooms', that their ventilation systems do not link into the smoke-free areas and they have doors, which closes mechanically to prevent smoke drift.
- Keep a list of rooms designated for smoking for inspection if requested by an enforcement officer.
- Take reasonable steps to ensure that staff and customers are aware that the premises is required to be smokefree and that they comply with the law.
What about outdoor smoking areas?
Here are some of the issues to consider when designating an outdoor drinking area for smoking:
- See if your alcohol license extends to outside areas. If not, you will need to apply to the local council.
- If the outdoor area is licensed, check the permitted hours. If the outdoor area has an earlier closing time than the bar, customers cannot take their drink with them after the permitted time when going out for a cigarette.
- Drinking outside will generate noise and litter and may also cause light pollution, which might result in neighbours raising objections to the council.
- If you want to erect a structure where people can smoke and drink, such as a portico, awning or covered terrace with floodlighting, you will need planning permission from the local council.
Are employers required to provide smoking breaks or smoking areas?
Employers must give staff an uninterrupted rest break of 20 minutes (paid or unpaid) when their daily working time is more than six hours. Staff can smoke during their unpaid rest period, but must not smoke in an enclosed or substantially enclosed area. If the break is paid it is for the employer to decide if the staff member is able to smoke.
There is no requirement in law for an employer to provide any smoking facilities for staff, visitors or customers
My home is within the Hotel. Does it have to be smokefree too?
No. The legislation does not cover private residential space.
What are the penalties for non-compliance?
- Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
- Smoking in a no-smoking place: up to £200 or a penalty notice of £50
- Failing to prevent smoking in a smokefree place: up to £2500.
Is any support available for people who want to stop smoking?
The NHS offers a wide range of excellent, free and easily accessible support for smokers.
Gloucestershire Smoking Advice Service can be contacted on 08454 22 00 40
Last Updated: 01/08/07
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