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advice and assistance to help licensed premises to prepare reduce
the impact on their businesses and potentially profit from smoking
bansUseful Information and Links Relating to
The Smoking Ban
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The Smoke-free (Premises and Enforcement) Regulations 2006 were l
aid before Parliament 18th December 2006 and are now force in England and Wales.It is now illegal for anyone to smoke inside any premises, that are enclosed or substantially enclosed, open to the public or premises that employ more than one person.
To be classed as enclosed the premises shall have a ceiling and/or roof, that may be temporary or permanent, and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.
To be classed as substantially enclosed the premises shall have a ceiling and/or roof, that may be temporary or permanent, and shall have no more than 50% of the perimeter of the area enclosed. Note that when calculating the 50% rule no account can be taken of opening which include doors, windows or other fittings than can be opened of closed. i.e. a wall that has a large window that can open in it has to be counted as a wall and not part of a wall. A marquee or tent can be classed as substantially enclosed as the sides of the tent may be opened or closed.
Penalties
The following penalties may be incurred in regard to the smoking ban.
Failing to prevent smoking in a smoke-free place - maximum £2,500.
Not displaying no-smoking signs - maximum £1,000. You can also be issued a fixed penalty notice of £200 or discounted notice of £150.
Smoking in a smoke-free place - maximum £200. You can also be issued a fixed penalty notice of £50 or discounted notice of £30.
NOTE:
Any outdoor structure, that has a roof or covering, temporary or permanent, must not have more than 50% of the wall space enclosed.
Operators should be aware that in most cases planning permission may be required and that a planning application can take about 3 months from start to finish.
Kurnia are pleased to recommend the The KD Design Partnership, 32 Eastgate, Louth, Lincolnshire. LN11 9NG - Tel 01507 608500, email: kddesign@tiscali.co.uk . Guy Kemp, Simon Dennis and the technicians of the KD Design Partnership have knowledge of the regulations and are in the process of drawing plans and submitting applications in regard of the same.
Have You Any Conditions on Your Premises Licence Restricting Smoking?
Have you checked your Premises Licence to see if you have any restrictions on entry or use of outside areas? Some Premises Licences have conditions that prevent persons entering a premises after a certain time. If your Premises Licence has a condition such as this then this means that if someone leaves the premises for a cigarette then they are unable to re-enter. Similarly if your premises restricts the use of a garden between specified hours then smokers will not be able to use that area.
You need to check the conditions on your Premises Licence to make sure you are fully aware of what you can and/or cannot do. We are happy to look at any existing Premises Licence or Club Premises Certificate, free of charge, and give our suggestions or recommendations.
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Extracts from the regulations are:
* These Regulations apply in relation to England only.
Enclosed and substantially enclosed premises
Regulation 2 specifies the meanings of “enclosed” and “substantially enclosed” premises. By paragraph (1)
premises are enclosed if they have a ceiling or roof and, except for doors, windows and passageways, they
are wholly enclosed either permanently or temporarily. By paragraphs (2) and (3) premises are
substantially enclosed if they have a ceiling or roof and less than half of their perimeter consists of
openings in the walls, other than windows, doors or openings which can be shut.
Premises are enclosed if they—
(a) have a ceiling or roof; and
(b) except for doors, windows and passageways, are wholly enclosed either permanently or
temporarily.
(2) For the purposes of section 2 of the Act, premises are substantially enclosed if they have a ceiling or
roof but there is—
(a) an opening in the walls; or
(b) an aggregate area of openings in the walls,
which is less than half of the area of the walls, including other structures that serve the purpose of walls
and constitute the perimeter of the premises.
(3) In determining the area of an opening or an aggregate area of openings for the purposes of paragraph
(2), no account is to be taken of openings in which there are doors, windows or other fittings that can be
opened or shut.
(4) In this regulation “roof” includes any fixed or moveable structure or device which is capable of
covering all or part of the premises as a roof, including, for example, a canvas awning.
Enforcement
3.—(1) Each of the following authorities is designated as an enforcement authority for the purposes of
Chapter 1 of Part 1 of the Act—
(a) a unitary authority;
(b) a district council in so far as it is not a unitary authority;
(c) a London borough council;
(d) a port health authority;
(e) the Common Council of the City of London;
(f) the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; and
(g) the Council of the Isles of Scilly.
The Smoke-Free (Premises and Enforcement) Regulations 2006
The Smoke-Free (Exemptions and Vehicles) Regulations 2007
The Smoke-Free (Penalties and Discounted Amounts) Regulations 2007
The Smoke-Free (Vehicle Operators and Penalty Notices) Regulations 2007
The Smoke-Free (Signs) Regulations 2007
NB: The government is to raise the legal minimum age at which tobacco can be bought in England and Wales from 16 to 18 years from October 2007
SIGNS
Premises are required to display an A5 sign at every entrance that must conform to the regulations.
SmokeFree England Guidance, signage and materials to help you
prepare for the new smokefree law