Given the success of the law change - it’s hard to imagine that we as a race were once allowed to smoke in enclosed spaces. A lot has changed in the 14 years since the no-smoking laws were introduced and it has become commonplace to see signs in work and public places reminding us of the restriction.
But do you have to display smoking signage by law? We look at the laws regarding signage and other parts of no-smoking regulations to see what is and isn’t allowed.
What are the laws on smoking at work?
Both public and enclosed or substantially enclosed spaces are required to be smoke free. This puts the onus on employers to prevent people from smoking in these types of places, as well as some work vehicles.
The legal requirements include:
- Displaying no-smoking signs in the workplace and work-related vehicles
- Ensuring staff, customers and visitors are made aware of the smoking limits
- Preventing people from smoking on the premises or in vehicles
This covers everything defined as a lit substance, such as cigarettes, cigars, pipes and even water pipes. There are some premises that are exempt to this law, and these are subject to a number of strict conditions. For example, performers who need to smoke on stage as part of their act can do so as the premises will have an exemption in this part of the building (but not for rehearsals).
At present there is no legislation that bans or restricts e-cigarette smoking; however, it is at the employer’s discretion if they also wish to display e-cigarette no smoking signage to limit its presence on site. Smoke-free vehicles are classed as:
- Vehicles that transport members of the public
- Vehicles that are used by more than one person (paid or voluntary) regardless of whether they are in the vehicle at the same time.
- Vehicles that have a stowed or removable roof are not classed as smokefree when the roof element is not in place.
- Vehicles that primarily used for private purposes do not have to adhere to smoking laws.
What is classed as an enclosed space?
Any area that is open to the public is considered a smokefree zone (including workplaces) if they are fully or substantially enclosed. Enclosed This is classed as an area that has permanent walls and doors and no gaps. Doors and windows cannot be classed as gaps. You would class a building or perhaps a temporary marquee as an enclosed space. Substantially enclosed A substantially enclosed space has a roof or ceiling with at least one opening in the walls that accounts for less than half of the area of the total wall space.
As above, windows and doors cannot be counted as gaps. If you are unsure whether the structure or building is enclosed or substantially enclosed, get in touch with your local council who will be able to offer more clarity.
Smoking at home
The no-smoking laws generally do not cover private dwellings. Where an enclosed or substantially enclosed space that is shared with other premises, such as lifts or communal stairwells in apartment blocks, have to be smokefree if used by the public, or as a place of work (e.g., security guards, postmen etc.) Self-contained property used on a temporary basis or for holidays (caravans, cottages etc.) also do not need to be smokefree.
How do no smoking laws affect working from home?
Working from home has become an increasingly common way for many people to work full or part time during the week, and there are also laws relating to this. Any part of the home that is used solely for work purposes must remain smokefree if: • The space is used by more than one person who does not live there • Goods/services are delivered to the premises by members of the public.
What size do no smoking signs have to be
The UK introduced its ‘smokefree’ rules in 2007, with the aim of reducing the dangerous health issues caused by exposure to second-hand smoke. For some years there was some confusion about the required size of signage, but this was clarified by the government in 2012.
It is still a requirement to display a no-smoking sign places such as offices, shops and places of worship, and vehicles designated as smokefree, but owners and managers can choose the appropriate size. At least one eligible sign must be displayed, although there is no regulation that requires more to be on show. In terms of wording, the sign should say "No Smoking. It is against the law to smoke in these premises." You can substitute “these premises” as long as the replacement word refers directly to your premises, for example “this hotel”.
Smokefree vehicles must have a no-smoking sign in every compartment that will carry people. This must also show the international no-smoking symbol, so everyone is clear on what the sign is about.
There are online tools like our custom sign printing range that allow you to create custom no smoking signs in a range of sizes, and you can tailor specific wording and or symbols to suit your enviroment. These offer further flexibility over the standard No Smoking Signs available on the market.
Entrance signs
While some businesses do offer a designated smoking area for staff, it is becoming increasingly rare as the habit is often not viewed favourably by employers. Employers have no legal obligation to provide outdoor smoking shelters for their staff. The most common place smokers will gather to light up is around entrances and exits to the building and the law states you must install a sign featuring the international no-smoking symbol here if it is only used by members of staff. This type of sign also must be installed if the entrance is located in a larger smokefree environment, such as a shopping centre.
If the sign is legible and clearly positioned, most people will know that smoking is not permitted in this area. This applies to public and rear entrances to the building, where smoking could also pose potential health and safety risks close to storage or other sensitive areas.
Can you be fined for breaking no smoking laws?
Local councils are responsible for enforcing no smoking laws and if you are reported you could face a fine similar to the below
- Fixed penalty of £50 for smoking at work or in a no-smoking vehicle. It could be as high as £200 if the case goes to court.
- Fixed penalty of £200 for ignoring signage regulations. Fine levels can increase to £1,000 if it goes to court.
You could face a maximum penalty of £2,500 if you are found not to be maintaining a smokefree workplace. These fines apply to both individuals and management, so the onus is on both parties to ensure that workplaces and vehicles remain smokefree.
Conclusion
Changes made to the law in 2007 were designed to encourage people to stop smoking and ensure non-smokers had less exposure to second-hand smoke. The law has made a positive change to the way people live their lives and the use of easy-to-understand signage ensures everyone understands where you can and cannot smoke. Using the signs also ensures you remain compliant with the law and avoid being potentially fined thousands of pounds for not keeping your workplace smokefree.
