- Will the ban affect my business premises?
Yes, if they are enclosed.
- How will the new law affect my business premises?
The law requires enclosed public places, including workplaces, to be smoke-free. That means you, your staff, customers and visitors will not be allowed to smoke in the enclosed areas of your premises.
- Does this apply to my customers?
Yes.
- Will there be support for businesses?
Detailed guidance will be available later in the year. This will include guidance on signage and it will set out the steps that employers, managers or those in control of premises should take to comply with the law.
- My workplace has designated or segragated areas for smoking. Is this not enough?
No, only a complete ban on smoking in enclosed areas will reduce exposure to passive smoking. This means that the provision of smoking rooms inside workplaces will no longer be allowed.
- My workplace is well-ventilated. Does that not provide protection from passive smoking?
No. There is no safe level of exposure to second-hand smoke. Ventilation systems improve comfort by removing the smell and visibility of the smoke. They do not remove toxic carcinogens from the air.
- My workplace is already smoke-free. Will I have to do anything?
You will have a duty to comply with the law – see question 11. If you do not already have a written no-smoking policy, you may also wish to consider having one.
- I have a very small business with only a couple of employees who both smoke. Does this law still apply to me?
Yes, if your workplace is wholly or substantially enclosed.
- What about vehicles used for business purposes?
Vehicles used for business purposes (e.g. light goods and heavy goods vehicles) and public transportation vehicles (e.g. taxis, buses, trains and ferries) will be affected by the new law. If you use your own private car for business purposes, it will be exempt.
- I run a hotel. How is this affected?
Hotels, boarding houses, guest houses, inns and hostels are covered by the new law. However, as a proprietor you will have the ability to designate one or more bedrooms where the occupants can smoke. The designated room should, however, have a ventilation system which does not ventilate into any other part of the no-smoking premises and should be clearly marked as a room in which smoking is permitted. You are not, however, required to designate any rooms for smokers. Communal areas of your hotel, of course, should be smoke-free.
- As an employer, or person in control of premises, what will I have to do to comply with the law?
Employers, managers and those in control of no-smoking premises will be required to take reasonable measures to ensure that staff, customers and visitors are aware of the new law and that they do not smoke in these premises. This will entail the display of no-smoking notices so that they are clearly visible to all employees, customers and visitors while in the premises, including at each entrance, in the toilet facilities and staff rooms; developing and implementing smoke-free policies; removing all ashtrays from premises and, where appropriate, providing external stubbing bins at entrances. Detailed guidance will be provided to all employers before the end of the year.
- What happens if someone smokes on my premises?
You will be expected to take all reasonable measures, outlined at question 11, to ensure that the person stops smoking.
- I run a pub where the majority of customers smoke. How can I be expected to make them stop? It will cause a disturbance.
The vast majority of the population are law abiding citizens and we envisage high levels of self-compliance. The reasonable efforts which you will be required to take are outlined at 11. If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette or leave the premises, you will not be liable under the legislation. There will also be a national call-line where you can report the incident.
- Who will enforce the law?
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. Environmental Health Officers can also give out fixed penalty notices to people whom they believe are committing, or have committed, an offence under the legislation.
- Will my business be subject to checks?
Environmental Health Officers have powers to enter no-smoking premises in order to check whether an offence has taken place or is being committed. Officers of the council will in general terms have access to premises to which the public has access.
- What penalties will there be for those who break the law?
Those in control of no-smoking premises could be liable to a fixed penalty fine of £200 if they do not take reasonable action to prevent someone smoking on the premises, or if they do not provide adequate No Smoking signs. Individuals who smoke in no-smoking premises will be laible to a fixed penalty fine of £50.
- Will fixed penalty notices be applied at the time of the offence, or at a later date?
That will be up to the enforcement officers. The aim will be to be non-confrontational.
- Will pubs lose their licence if they allow smoking in their premises?
They may do. Failure to comply with the law will be taken into account in licensing decisions under the new licensing regime which is also being brought into effect.
- What should I be doing now?
Detailed guidance will be provided to all employers before the end of the year. However, you might want to start thinking now of how the new law will affect your business and what you should be doing in the run up to next Spring.
- Am I obliged to provide external smoking shelters for any of my staff who smoke? I do not want staff smoking at the entrance to my premises.
No. You may wish, however, to review your smoking policy, and discuss with your staff how best to meet their needs within the new legislation.
- I work alone in my business premises and don’t have any employees. Does the law apply to me?
Yes.
- What is the aim of the new law?
The law aims to protect workers and the general public from the harmful effects of passive smoking, that is breathing in other people’s tobacco smoke.
- What does it do?
The new law bans smoking in “no-smoking premises”, by:
- creating an offence of permitting others to smoke in no-smoking premises;
- creating an offence of smoking in no-smoking premises;
- creating an offence of failing to display warning notices in no-smoking premises;
- setting out the powers of enforcement officers to enter no-smoking premises; and
- creating an offence of failing without reasonable cause to give one’s name and address on request by an enforcement officer.
- What do you mean by 'no-smoking premises'?
These are premises which are wholly or substantially enclosed and:
- to which the public or a section of the public has access;
- which are being used wholly or mainly as a place of work by persons who are employees;
- which are being used by and for the purposes of a club or other unincorporated association; or
- which are being used wholly or mainly for the provision of education, health or care services.
- What do you mean by ‘wholly or substantially enclosed’?
A public place or workplace is ‘wholly or substantially enclosed’ if it has a ceiling or roof and, except for doors, windows and passageways is wholly enclosed, whether permanently or temporarily; or if it has an opening which is less than half of the area of its walls.
- Are there any exemptions to the law?
Only a few exemptions to the law have been made, mainly on humanitarian grounds. The exemptions are residential accommodation, designated rooms in adult care homes, adult hospices, designated rooms in psychiatric hospitals and units, designated hotel bedrooms, designated detention or interview rooms, designated rooms in offender accommodation premises, offshore installations and private vehicles. Nothing in the new law, however, obliges an employer or manager of exempted premises to permit smoking or to provide a smoking area.
New guidance for use in care settings will be issued before the law comes into effect. This will emphasise the need for effective smoking policies in exempted premises.
- When does the smoke-free law come into effect?
26 March 2006.
Advice on Quitting
Smokeline Scotland
Call 0800 848484
12 noon to 12 midnight, seven days a week.