Smoking Ban Enforcement

The new Smoke Free legislation became effective on 1 July 2007, making most indoor public places and work places smoke free. It is now a criminal offence to smoke a cigarette in an enclosed public place. This means that premises and vehicles like pubs, restaurants, cafes, shops, toilets, doorways, halls, lifts, offices, factories, warehouses, lorries, taxis, etc. are all smoke free.

The aim is to protect people against exposure to passive smoking and the associated health risks. It also makes smoking more difficult, encouraging smokers to give up, whilst discouraging young people from starting in the first place. Parents are also being encouraged to make their homes and cars smoke-free for the benefit of their children.

The penalties and fines for the smokefree offences set out in the Health Act 2006 are:

• Smoking in a smokefree premises or vehicle, Section 7(2):

a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of a notice) or a fine by a court not exceeding level 1 on the standard scale (up to £200).

• Failure to display no smoking signs in smokefree premises and vehicles as required by the new law, section 6(5):

a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine by a court not exceeding level 3 on the standard scale (up to £1,000).

• Failing to prevent smoking in a smokefree premises or vehicle by management, section 8(4):

a fine by a court not exceeding level 4 on the standard scale (up to £2,500).

• Obstruction of an authorised enforcement officer, section 11 :

level 3 on the standard scale (up to £1,000).

And it's also against the law to throw away or drop your cigarette end in the street. Discarded tobacco products left in an open space could lead to a fine in court of £2,500 or an on the spot fine of £75.

For further information on the Smoking ban please see the Smoke Free England Website