Menu:

Head Office :

Unity
Hillcrest House
Garth Street
Hanley
Stoke on Trent
Staffordshire
ST1 2AB


Telephone :
01782 272755

Smoke Free England - The Health Act 2006.

The Smoke Free legislation comes into force on the 1st July 2007.  The intent of the
legislation is to protect people from the exposure of second hand smoke.

Second hand smoke is the smoke given off by the burning end of a cigarette, cigar or
pipe - and the smoke exhaled by a smoker.

Tobacco smoke contains over 4000 chemicals including over 40 which are known to cause cancer.

Second hand smoke does not just affect smokers, it affects anyone who breathes it in.
If you have ever been in a smoky environment and felt your eyes start to sting or your throat become sore, these are the short term side effects of second hand smoke exposure.

The long term effects of exposure include increased risk of developing:

- Heart Disease
- Lung Cancer
- Asthma, and other respiratory illnesses.

Smoke Free legislation in England will cover all workplaces and public places which
are enclosed or substantially enclosed, and used as a place of work by more than one person.

Smoking rooms will no longer be allowed and will need to be removed before legislation comes into force in Summer 2007.

"Substantially enclosed" means rooms which have a ceiling or roof, and any openings in the walls smaller than half the total area of walls.

Smoking will be permitted in outside shelters which are not substantially enclosed.  However, there is no obligation for a workplace to provide a smoking shelter for smokers.

Employers who do wish to provide smoking shelters may need to ensure that they comply with planning permission.

To comply with the legislation employers and managers MUST ensure that their buildings and vehicles are smoke free.  Proposed regulations state that "No Smoking" signs will need to be displayed at public entrances to buildings so that are visible.  The signs must meet the following standards:

- A5 in size
- Include the international red "No Smoking" symbol and the words: "No Smoking. It is against the law to smoke in these premises".

The legislation will also cover the vast majority of work vehicles, including those that are privately owned but are used for work purposes, these will have to be free from smoke at all times.

All work vehicles will need to display "No Smoking" signs visible to anyone entering the vehicle.  Only vehicles only ever used by one person will be exempt from legislation.

Some workplaces where people also live are exempt from the legislation.  These include prison cells, hospices, and long stay residential homes.  However, these exempt workplaces will only allow smoking in designated rooms which must meet strict specifications.

Local councils will designate enforcement officers who can issue fixed penalty notices. The penalties are:

- Failure to display minimum "No Smoking" signs: £200 Fixed Penalty.
- Smoking in  a smoke free place: £50 Fixed Penalty.
- Failure to prevent smoking in a smoke free place: Up to £2500 (decided by a court, not a Fixed Penalty notice).

The "human rights" of smokers to choose to smoke where they like has been questioned.  Freedom of choice is no longer a right if that choice affects the health of others.  We all have the right to breathe clean air.