Smokefree NPS Premises
A quick guide to the smokefree law
From 1st of July 2007 virtually all enclosed public places and workplaces in England will become smokefree. A smokefree England will ensure a healthier environment, so everyone can socialise, relax, travel, shop and work free from secondhand smoke.
The new law is being introduced to protect employees and the public from the harmful effects of secondhand smoke.
Key points are:
· From 1 July 2007 it will be against the law to smoke in virtually all enclosed and substantially enclosed public places and workplaces.
· Public transport and work vehicles used by more than one person will also need to be smokefree.
· No-smoking signs will have to be displayed in all smokefree premises and vehicles.
· Staff smoking rooms and indoor smoking areas will no longer be allowed, so anyone who wants to smoke will have to go outside.
· Managers of smokefree premises and vehicles will have legal responsibilities to prevent people from smoking.
· If you are uncertain where you can or can't smoke, just look for the no-smoking signs or ask someone in charge.
Penalties and fines for breaking the smokefree law
If you don't comply with the new smokefree law, you will be committing a criminal offence. The fixed penalty notices and maximum fine for each offence are:
· Smoking in smokefree premises or work vehicles: a fixed penalty notice of £50 (reduced to £30 if paid in 15 days) imposed on the person smoking. Or a maximum fine of £200 if prosecuted and convicted by a court.
· Failure to display no-smoking signs: a fixed penalty notice of £200 (reduced to £150 if paid in 15 days) imposed on whoever manages or occupies the smokefree premises or vehicle. Or a maximum fine of £1000 if prosecuted and convicted by a court.
· Failing to prevent smoking in a smokefree place: a maximum fine of £2500 imposed on whoever manages or controls the smokefree premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty notice for this offence.
Local councils will be responsible for enforcing the new law
A telephone line (0800 587 166 7) will also be in operation from 1 July 2007 to enable members of the public to report possible breaches of the law. This information will be passed to local councils to follow-up as appropriate.
What does the new law mean for staff and users of NPS premises
Most NPS premises have long been smokefree. Some Areas have in the past provided smoking rooms in office premises. These rooms will now have to go.
There is a greater impact on The Approved Premises and the voluntary estate. Listed below are some general and some more specific Frequently Asked Questions on how the Law applies to the NPS
.
My office has a smoking room; can I still smoke in there?
The law will also mean that indoor smoking rooms that are still common in many workplaces will no longer be allowed. If you wish to smoke, you will have to go outside instead.
Does smokefree law apply to my car?
Vehicles used primarily for private purposes will not need to be smokefree. If you have a work vehicle and share it with others (whether they are drivers or passengers) it will need to be smokefree. If it used solely by you, smoking will be permitted. The law also applies to vehicles used for voluntary work.
Why are ventilated smoking rooms not an alternative?
Evidence shows that ventilation does not provide a solution to eliminating the health risks associated with secondhand smoke. Scientists have shown that to remove the risks of secondhand smoke, an enclosed premises would need wind tunnel-like rates of ventilation, which would then make smoking nearly impossible. (The joint 2003 report from the Health and Safety Authority and the Office of Tobacco Control in the Republic of Ireland titled The Health Effects of Environmental Tobacco Smoke in the Workplace)
What about a smoking shelter?
There is no requirement to provide smoking shelters. There are no plans for NOMS to provide shelters as a matter of course. Where smoking shelters are already in place they must not be 'enclosed' or 'substantially enclosed' under the definitions as set out in the Smokefree (Premises and Enforcement) Regulations.
Why aren’t APs exempt from the legislation ?
The legislation provides an exemption to allow managers to designate specific rooms (other than bedrooms) for smokingonly in the following types of premises:
Prisons, residential mental health units and Care Homes (as defined in Section 3 of the Care Standards Act 2000)
However the exemption as it applies to hotels, inns, guesthouses, private members clubs that provide sleeping accommodation and hostels only allows forthe designation of; individualguest bedrooms for smoking.All other parts of the premises must be smoke free. Dormitories and other shared accommodation (i.e. double rooms) must be smoke free at all times. This includes the Approved Premises and Voluntary hostels.
Can a designated smoking room be changed to a non smoking room
There is nothing to prevent a regular 'review' or re-designation of smoking bedrooms, but to do so would be totally against the spirit of the legislation which is as much to do with encouraging people to consider the effect their smoke has on others and enabling them to give up.
The requirements for rooms to be;
o designated in writing by the person having the charge of the premises in which the room is situated as being a bedroom in which smoking is permitted and
o clearly marked as a bedroom in which smoking is permitted,
are in place to discourage any flagrant abuse of the legislation.
Can Non smokers be offered designated smoking bedrooms?
The smokefree legislation will not guarantee that people will get a smokefree room, the Department of Health would like to encourage the option of more smokefree rooms in premises than those which are designated to smokers.
What about home visits where service users might be smoking?
The new law makes no requirements about smoking in private dwellings. Areas, in line with National guidance should consider formally writing to service users when making the appointment to request smoking not to take place during the visit. (TUC guidance is available, which has been developed specifically for people who visit clients in their homes)
Further Information
National Policy Arrangement; Tobacco Smoking, Doc Ref: NPS/HS/9
www.smokefreeengland.co.uk
www.smokingbanwales.co.uk
www.gosmokefree.co.uk
W J Wood July 2007 3