Smokefree Rugby

The Health Act 2006

The smoking ban in England derives from the Health Act 2006. The following regulations stem from this legislation:

• The Smokefree (Premises and Enforcement) Regulations 2006
• The Smokefree (Signs) Regulations) 2007
• The Smokefree (Exemptions and Vehicles) Regulations 2007
• The Smokefree (Penalties and Discounted Amounts) Regulations 2007
• The Smokefree (Vehicle Operators and Penalty Notices) Regulations 2007

Main Points of the Act

Defines Smoking

• Refers to smoking tobacco or anything which contains tobacco, or smoking another substance, and
• Smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.

Smokefree Premises

Premises which are to be smokefree are enclosed or substantially enclosed (including):

• Business premises
• Multi-occupied and shared housing
• Public places
  

Vehicles driven for work must be smoke free. This includes:

• Lone workers
• Vehicles driven by different people at different times
• Taxi's'
• Buses and company/lease cars
  

Exemptions

• Private residences but not shared common parts I.e. In blocks of flats.
• Private vehicles
• Designated rooms in- off shore installations, detention/interview rooms, hotel bedrooms, care homes/hospices
• Performers
• Specialist tobacconists
• Research and testing facilities
  

Signage

No smoking signage must be displayed in a conspicuous place even in vehicles.

The diameter of the logo must be 70mm, and must read 'It is against the law to smoke in these premises' underneath the No Smoking wording.

Smokefree England will send out 4 signs to all businesses.

• Smokefree England website

Offences

• A person who smokes in a smoke free premises commits an offence
• It is your duty to stop a person smoking on your premises
• Failure to display adequate no smoking signs
• It is a defence for someone to claim they did not reasonably know they could not smoke

Penalties

• Failure to display minimum no smoking signs: up to £1000 or a fixed penalty notice of £200
• Smoking in a non smoking place: up to £200 or a fixed penalty notice of £50
• Failing to prevent smoking in a smoke free place: up to £2500

Additional issues to consider

• Noise- if you are to allow smoking outdoors you must think about the extra noise this will create for neighbouring houses/businesses.
• Litter- cigarette butts will be dropped on the floor. You will need to think of a way to deal with this I.e. Provision of bins and/or regular sweeping of the area.
• Planning permission - If you are to use smoking shelters it is likely that you may require planning permission to do so. The planning department at Rugby Borough Council can be contacted on 01788 533755.
  

You can also register on the Smokefree England website to receive regular updates.

If you see smoking in a smokefree area

From 1 July 2007 you can call 0800 5871667 to report possible breaches of the law. This information will be passed to local councils to follow-up if appropriate.