Smoking in enclosed public spaces

Wirral, as with the rest of England, went Smokefree on July 1st 2007. Smoking in virtually all enclosed or substantially enclosed public places in the country is now against the law, affording non-smokers a level of protection from the harmful effects of secondhand smoke.

What does it mean for you?

You must not smoke in any enclosed or substantially enclosed premises. Some commercial premises will provide a smoking shelter which must have at least 50% open to the outside air.

If you visit a premises and observe someone smoking in an enclosed or substantially enclosed area you may make a complaint to Environmental Health who will inspect the property and discuss the issue with the person in control.

What does it mean for businesses?

If you manage or are in charge of any premises or vehicles that the new law applies to, you will have a legal responsibility to ensure they are and remain smokefree.

How?

  • Do not smoke or allow others to smoke in any enclosed or substantially enclosed area.
  • Clearly display, in a prominent position at every entrance, a “No Smoking” sign that meets the requirements of the new law.

Signs should:

  • Be a minimum of A5 in area (210mm x 148mm)
  • Display the international no-smoking symbol at least 70mm in diameter

Carry the following words in character that can be read easily:

Vehicles will also have to display a smaller sign which contains the international ‘no-smoking’ symbol at least 70 mm in diameter. This sign must be displayed in each compartment of the vehicle.

All legally required signage can be obtained from Wallasey Town Hall free of charge.

What are the penalties?

There are three offences and penalties associated with the smokefree law.

Offence Who is liable Fixed Penalty Notice (if paid within 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 £30 £50 Up to £200
Failing to display required no smoking signs Anyone who manages or occupies the smokefree premise or vehicle £150 £200 Up to £1000
Failing to prevent smoking in a smokefree place Anyone who manages or occupies the smokefree premise or vehicle N/A N/A Up to £2500

 

For detailed guidance of the smokefree regulations (2007) see the Smoke Free England website.

Smoking Shelters

There is no requirement for managers to provide smoking shelters however if you are thinking of constructing or designating an area download the Smoking Shelter Guidance leaflet.

Exemption

Only a few premises will be exempt from the smokefree law, and all exemptions are subject to strict conditions. Exemptions include:

  • Exemptions are provided to allow managers to designate specific guest bedrooms for smoking in hotels, inns, hostels, guesthouses and members’ clubs that provide accommodation
  • Care homes, hospices and prisons may designate either bedrooms or rooms to be used only for smoking, for use by persons over 18 years of age
  • Specialist tobacconist shops may allow people to sample cigars or pipe tobacco within the shop premises
  • Research and testing facilities
  • Theatres may allow an actor to smoke where the artistic integrity of a performance makes it appropriate for a person who is taking part in that performance to smoke, the part of the premises in which that person performs is not smoke-free in relation to that person during his performance only.

There is no obligation for any premises with exemptions to create designated smoking bedrooms or rooms if they do not wish to.

If you are thinking of designating a room or have already done so you will need to ensure you have met the conditions. These may be found on the Smoke Free England Regulations page.

For more information and advice on smoking in public places please see the downloads section of this page.