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Smokefree in Havant Borough
What happens now the new Smokefree law has come into
force?
On 1 July 2007, the new Smokefree law came into effect. This has
an impact on all businesses and enclosed public places.
For help to stop smoking please visit the NHS Quit
Today Website >>
Below is a list of frequently asked questions.
Which places are affected?
As a business, what should I do to stay
legal?
Can I smoke in my work van?
What about public transport?
What about my home?
What about places where people live
AND work
Can I smoke in my room if I go to a
hotel or bed and breakfast?
What happens if the law is not
followed?
What is the Council doing to
help local businesses?
Do I need Planning Permission for
a smoking shelter?
Do I need Building
Regulation approval for a smoking shelter?
Who can I speak to with my query on
Smokefree?
Which places are affected?
Smokefree legislation affects all premises where the public has
access, for example pubs, community centres, clubs,
restaurants, cafes, shops, etc. It also impacts on
places which:
- are being used wholly or mainly as a place of work
- are being used wholly or mainly for providing education, heath
or care services
- are used for voluntary work such as community centres
As a business, what should I do to stay legal?
Employers, managers and those in charge of smokefree premises
and vehicles will need to:
- display 'no-smoking' signs in smokefree premises and
vehicles
- take reasonable steps to ensure that staff, customers/members
and visitors are aware that premises and vehicles are legally
required to be smokefree
- remove any existing indoor smoking rooms
Can I smoke in my work van?
If more than one person uses the vehicle, then the answer is
'No'. Where a vehicle is used as a workplace by more than one
person, regardless of whether they are in the vehicle at the same
time, it must be smokefree at all times. This is designed to
protect shift and other workers using the same vehicle from the
hazards of secondhand smoke.
What about public transport?
All vehicles used for public transport, for example, buses,
trains and taxis are smokefree under the new law.
What about my home?
Private dwellings are not affected by this legislation but
employees who visit your home to provide services (such as plumbing
and electrical work) are very likely to seek you cooperation for
your home to be smokefree whilst they carry out their work.
What about places where people live AND work
Buildings which are used as a full time place of residence such
as residential care homes may have designated rooms for smoking for
the use of residents and their guests. These rooms must be used
only for smoking and cannot also serve as TV or recreation rooms.
In cases where smoking cannot take place outside buildings for
practical reasons, then designated smoking rooms/areas may be
allowed. Exempted places include prisons and oil rigs.
Can I smoke in my room if I go to a hotel or bed and
breakfast?
Specific rooms may be designated as smoking rooms in premises
providing accommodation, such as hotels, hostels and guesthouses.
The rooms must be designated in writing by the person in charge of
the premises and must be clearly marked that smoking is
permitted.
What happens if the law is not followed?
The penalties for breaking the law are substantial
- Smoking in a smoke-free place could result in a fixed penalty
of £50 (reduced to £30 if paid in 15 days) or £200 fine awarded by
a Court
- Failing to display the required no–smoking signs could result
in a fixed penalty of £200 ( reduced to £150 if paid in 15 days) or
£1000 fine awarded by a Court
- Failing to prevent smoking in a smoke-free place ( by the
person managing or controlling the smokefree premises or vehicle)
could result in a £2500 fine awarded by a Court
What is being done to help local businesses?
The Council is working with businesses, public sector bodies and
community organisations to raise awareness of the new law.
The Government has produced an official guide which explains
everything you need to know about the new law and what you will
have to do to comply with it.
Additional guidance leaflets are also available for both
businesses and individuals, along with supporting materials. These
can be found on the website at http://www.smokefreeengland.co.uk/ (this
is an external website)
Do I need Planning Permission for a smoking shelter?
Planning permission is likely to be required for any form of
extension to commercial premises such as an awning or a free
standing shelter.
If you are considering an extension, shelter or the use of an
outdoor area, you must consider:
- proximity to any doors or windows through which smoke could
enter a building
- the location in relation to neighbouring properties
- any impact it could have on those properties and occupants e.g
from noise
Do I need Building Regulation approval for a smoking
shelter?
Building regulation approval is not likely to be needed if any
form of shelter is detached from the main building and is less than
15 sqm in floor area.
This can go up to 30 sqm if it is not within 1m of the boundary
or substantially constructed in non-combustible materials.
Who can I speak to with my query on Smokefree?
Please contact the Environmental Health Duty Officer for
enquiries
Telephone: 02392 – 446654
Email:
ehcommercial@havant.gov.uk