The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 banned smoking in most enclosed public spaces.
The smoking ban is now UK-wide (England from 1st July 2007, Wales from 2nd April 2007 and Northern Ireland from 30th April 2007).
Environmental Health officers have the power to enter all 'no-smoking premises' in order to establish that the smoke-free legislation is being enforced in accordance with the law and can give out fixed penalty notices to people whom they believe are committing, or have committed, an offence.
Smoking Shelters - Businesses do not have to provide facilities to those that smoke, therefore you do not have to provide a smoking shelter. If you decide to provide a smoking shelter, though, detailed below in the Smoking Shelter Guidance are a number of issues you will need to consider.
Environmental Health Officers at Blaby District Council have delegated powers for the enforcement of Smokefree Legislation. To make sure that enforcement decisions are consistent with statutory guidance and across all enforcement functions within the council, Cabinet adopted a new Environmental Health and Licensing Enforcement Policy in September 2009, which is available on the Food safety - regulations page.
Smoking shelter guidance
- Planning permission
In most cases any permanent structure that is built for smoking will need planning permission. Contact our planning department for further information on this, or visit the 'Do I need Planning Permission?' page.
- Building Regulations
You should check to see if the shelter will need building regulation approval. In most cases if the shelter is detached and of modest size, no building regulation approval will be needed. If the floor area of the shelter is greater than 15m2, there may be restrictions if the shelter is within one meter of a boundary. Any shelter over 30m2 will need Building Regulation approval. Also contact building control if your intended structure is to be attached to another building.
- Make sure it is legal
Your shelter must not be more than 50% enclosed. If it has a ceiling/roof and has walls and sides that enclose more than 50% of it. This is termed the 50% rule.
When considering the location of your shelter you should take into account:
- The noise that will be created
- Will the shelter be lit and if so will this cause a nuisance to the neighbours
- Is the location of the shelter safely accessible
- Could the location cause problems with smoke entering buildings through windows/doors/vents
- Parasols, Jumbrellas, Gazebos
If you are considering using the above you should consider:
- Is the material fire retardant
- Is it strong enough to resist windy spells
- Does it meet the 50% rule
|| Who is liable
||Fixed penalty notice (if paid in 15 days)
||Fixed penalty notice (if paid in 29 days)
||Court awarded fine
| Smoking in a smokefree place
|| Anyone who smokes in a smokefree place
||Up to £200
| Failing to display no smoking signs
|| Anyone who manages or occupies the smokefree premises or vehicle
||Up to £1000
| Failing to prevent smoking in a smokefree place
|| Anyone who manages or controls the smokefree premises or vehicle
||Up to £2000
Anyone who receives a fixed penalty notices can choose to have the matter dealt with in court. If a fixed penalty notice is not paid the matter may also be dealt with by a court.
Within Blaby district enforcement will fall to the Environmental Health section. The officers who react to complaints include smokefree legislation in their normal inspections and make spot checks.
From 1st July 2007, if you have concerns or would like to make a complaint about a premises/owner of a premise, you should contact the Commercial Environmental Health Team.
All smokefree public spaces, work places and vehicles must display no smoking signage to indicate that they are smokefree and to demonstrate that you are taking the right steps to meet the requirements of the law. The signage must comply with the Smokefree (Signs) Regulations 2007.
- Signage must be displayed in a prominent position at all entrances of smokefree premises
- Signage must be a minimum of A5 in area (210mmx 148mm) The sign must display the international no smoking symbol. This symbol must be at least 70mm in diameter
- The sign must display the following message that can be easily read 'No smoking. It is against the law to smoke in these premises'
If the building is only used by members of staff or is located within a larger smokefree premises i.e. a shop inside a shopping centre, then in these cases a smaller sign just depicting the international no smoking symbol is allowed. The symbol however, must still be 70mm.