Smoking controls in workplaces

The legal position

From 1 July 2007, under the Health Act 2006, virtually all enclosed public places and workplaces in England must now be smokefree. The act and associated regulations mean that :

• Every workplace, where more than one person works, or where members of the public may attend to seek or receive services or goods. This applies to premises or areas of premises that are enclosed or partially enclosed
• Public transport and work vehicles
• Premises open to the public (whether by invitation or not, and whether on payment or not)

However the following places can be designated as smoking places (under strict conditions):

• Private residential spaces within adult hospices, prisons and long-stay adult residential care facilities
• Other enclosed spaces that act effectively as a person's dwelling (e.g. designated bedrooms in hotels, hostels and halls of residence)

The legislation is enforced by the local authority and authorised officers can require personal details, serve Fixed Penalty Notices (FPN) or instigate legal proceedings for non-compliance. Any enforcement work will be done in accordance with Greater Manchester's "Smokefree Enforcement Protocol".

Offences include

• Failure to display 'no smoking' signs
• Smoking in a smokefree premises / place / vehicle
• Failure to prevent smoking in a premises

Penalties for non compliance are:

• Managers of premises that allow smoking fined of up to £2,500
• Premises where 'no smoking' signage is not displayed they could be given a fixed penalty notice of £200 and could face fines of up to £1,000
• Individuals smoking in smokefree areas could be issued with a fixed penalty notice of £50

On the Smokefree England site you can download guidance, signage and supporting materials for your business or organisation.

There is also information on giving up smoking in our healthy living section.

Salford City Council employ a team of Officer who can provide assistance to businesses in Salford who are unsure on what they need to do to ensure compliance with the legislation. The council will provide a tailored support package to fit the needs of each individual business.

For more information please contact:

Environmental Health
Turnpike House
631 Eccles New Road
Salford
M5 2SH

Telephone: 0161 737 0551
Email environment@salford.gov.uk

This page was last updated on 24 March 2010