Smokefree

On July 1 2007 England introduced a new law to make virtually all enclosed public places and workplaces in England smokefree.

Smokefree Hull has created a much healthier environment, so everyone can socialise, relax, travel, shop and work free from secondhand smoke. The campaign has received overwhelming support from the public who are enjoying the benefits of cleaner air.

The health of the people in Hull has already improved and smokefree public places and workplaces will help to prevent avoidable pre-mature deaths from smoking related illness.

National statistics

The latest national statistics on smoking-related behaviour, produced by the Office for National Statistics, were released on 18 June 2008.

80 per cent of those that responded to the latest NHS survey agreed with the legislation banning smoking in enclosed public places, 61 per cent strongly agreed and 19 per cent agreed. A further 14 per cent disagreed with only 6 per cent disagreeing strongly.

Almost three quarters of people visit pubs as often as they did before the smoking ban (73 per cent) with 16 per cent reporting that they now go more often. The remaining 11 per cent said they went less often than before the smoking ban.
Those in employment were also less likely to experience smoking in the workplace. In 2007, prior to the smoke-free regulations, 93 per cent of people surveyed said that smoking was banned in the building where they worked. In particular 31 per cent reported that no smoking was allowed on the premises or the grounds where they worked.

There has also been a drop in the number of people allowing smoking in their home. Approximately two thirds (67 per cent) said that smoking was not allowed at all in their home compared to 61 per cent in 2006.

How to complain

We will investigate the following offences –

• failure to display proper signs
• businesses allowing smoking within their premises
• members of the public and staff smoking in smokefree premises

For further information or to report any of the above please contact us on 01482 300 300 or text phone 01482 300 349.

Smokefree legislation

• employers, owners and managers must ensure their premises are smoke free
• regulation size ‘No Smoking’ signs must be displayed at all entrances

Smokefree penalties

Enforcement officers can issue fixed penalty notices or businesses and individuals can be prosecuted if they do not comply with the regulations –

Smokefree means -

• any enclosed public place or workplace as well as vehicles used for work by more then one person must be kept smokefree at all times
• if you work from home and employ another person and/or if members of the public visit you for business purposes, you must comply with the legistlation

Outside smoking areas

There is no requirement for employers to provide a sheltered area for smokers. Any shelters that are provided must meet our licensing, planning and highway regulations. Landlords need to be aware of the possibility of increased noise and litter and must prevent nuisance to neighbouring premises and residents.

Work vehicles - must be smokefree at all times if used for work purposes by more than one person. No-smoking signs must be displayed.

Hackney carriages/private hire vehicles – licensed hackney carriages and private hire vehicles must be smokefree at all times, even when parked up or when the driver is not on duty. No-smoking signs must be displayed.

Hotels, guesthouses and B&Bs - bedrooms can be designated as smoking rooms for guests but must be clearly marked as a ‘smoking bedroom’. These bedrooms must be ventilated so that smoke does not get into smokefree areas and doors must be fitted with self-closing devices to prevent smoke drift.

Nuisance

To prevent nuisance to nearby residents and other businesses outdoor smoking areas must be managed properly, the following issues may need to be considered –

• noise nuisance to nearby residents
• smoke/odour nuisance from smoke drifting back into the premises
• light nuisance from outdoor lighting

Littering

Smoking-related litter, for example cigarette stubs and discarded packaging, is a major problem. It affects 90 per cent of streets in England. Businesses have a duty to control and properly dispose of any waste they produce. Businesses and individuals can be prosecuted if they fail to dispose of litter properly.

If you are an employer may need to consider –

• providing and maintaining external litter bins or ashtrays
• clear signage to direct people to bins and ashtrays
• additional cleaning/sweeping of smoking areas e.g. around doorways and shelters

ENCAMs is an environmental charity who run various campaigns on how to keep Britain tidy. For further information please visit www.encams.org (link opens in a new window).