Smokefree Oxford

On Sunday 1st July 2007 virtually all enclosed and substantially enclosed public places and workplaces (including work related vehicles) in England went smokefree.

This law was introduced to protect employees and the public from the effects of second-hand smoke.

What sort of smoking does the legislation cover?

The law applies not just to tobacco but also to other products such as herbal tobacco and shisha pipes.

What kinds of places are covered by the smoking ban?

The ban covers all enclosed or substantially enclosed spaces to which members of the public have access. This includes places of work, education, health care services and private clubs.

Vehicles including buses, taxis, company cars, ferries and trains are also covered by the ban.

What is an enclosed or substantially enclosed place?

A premises is 'enclosed' if it has a ceiling or roof, except for doors and windows, is wholly enclosed whether this is on a temporary or permanent basis.

Tents and marquees will also be classed as enclosed if they fall within this definition.

A premises is 'substantially enclosed, if it has a ceiling or roof but with permanent openings in the walls which are less then 50% of the total area of the walls.

In simple terms, if a roofed area has 50% or more of the walls missing it is legal to smoke in the area. If more than 50% of the walls are present then it is illegal to smoke in the area.

Openings do not include doors, windows, or other fittings that can be open or shut.

Does the smoking ban affect private clubs, for example rugby clubs, snooker clubs, golf clubs, working men's clubs, etc?

Yes. Restrictions apply to places being used by and for the purposes of a club or other unincorporated association and are substantially or wholly enclosed.

Does the smoking ban affect vehicles?

Where a vehicle is used for public transport or for work purposes by more than one person (whether they are in the vehicle at the same time or not) it is required to be smokefree at all times.

Smoking will only be permitted in vehicles that are for the sole use of the driver and are not used for work purposes by any other person (driver or passenger).

The vehicles which are only used for private purposes are not covered by the regulations and do not need to be smokefree.

What do I have to do to make sure my business complies with the smoking ban?

• Display the required 'No Smoking' sign
• Ensure that nobody smokes in a smokefree area or vehicle
• Take reasonable steps to make sure that staff, customers, members and visitors are aware that premises and vehicles are legally required to be smokefree
• Remove all ashtrays
• Develop and implement a smokefree policy
• Inform anyone smoking that he/she is committing an offence
• Request that anyone smoking extinguishes their smoking material immediately or leave
• Refuse service to individuals who are smoking against the law.

What are the requirements for signage?

The law requires all premises that are smokefree to display a prominently visible sign at every public entrance to the premises.

This sign must be A5 in size, display the international No Smoking symbol in colour at least 70mm in diameter and must also contain the words "No Smoking. It is against the law to smoke in these premises"

Where entrances are for staff only, if the premises displays at least one of the A5 signs described above, it is sufficient to display a no smoking sign simply displaying the international no smoking symbol in colour.

Vehicles that are smokefree by law must display a no smoking sign which carries the international no smoking symbol and is no less than 70mm in diameter. The sign does not need to include any wording but must be clearly visible on entering the vehicle.

Appropriate signage which meets the requirements of the regulations is provided free of charge and can be ordered from Smokefree England website.

Where can I find more detailed information of the requirements for my business?

You can download more detailed information below:

Taxi/Mini Cabs
Schools
Residential care homes and hospices

What offences and penalties have been brought into effect?

There are several offences and penalties for not complying with the new smokefree laws.

• Failure to display minimum no smoking signs (i.e. one at every public entrance to premises and one in every work related vehicle): up to £1000 fine or £200 fixed penalty notice.
• Smoking in a no-smoking place: up to £200 or a fixed penalty notice of £50
• Failing to prevent smoking in a smokefree place: up to £2500

Page last reviewed 2 Nov 2010