The Law

England implemented a smoking ban in public places and workplaces on 1 July 2007.

Regulations
Subject to some exemptions (designated rooms in adult residential care homes, adult hospices and residential mental health treatment settings or designated bedrooms in a hotel, guesthouse, in, hostel or membership clubs etc), all public places, including workplaces and premises where voluntary work is carried out, are now smoke-free.

The law prohibits smoking in all public places which are 'enclosed' or 'substantially enclosed'.

Enforcement
Anyone who does not comply with the new smoke-free law will be committing a criminal offence.
• Failure to prevent smoking in smoke-free premises may lead to a maximum fine on summary conviction of £2,500
• Failure to display no smoking signage may lead to a £200 fixed penalty or to a maximum fine on summary conviction of £1,000
• Smoking in a smoke-free place may lead to a £50 fixed penalty or to a maximum fine on summary conviction of £200

Signage
In order to comply with the law, you will be required to display 'No Smoking' signage in smoke-free premises. Signage requirements are set out in the regulations.
A 'No Smoking' sign in premises must:
Be a minimum of A5 in area (210mm x 148mm).
Display the international 'No Smoking' symbol in red, at least 70mm in diameter
Carry the following words in characters that can be easily read: 'No smoking. It is against the law to smoke in these premises'.

To download a copy of the English regulations please click here, or go to http://www.smokefreeengland.co.uk

Law
Scotland has had a public places smoking ban since 26 March 2006. It prohibits the smoking of any substance in any ‘workplace’ or ‘public place’. This includes pubs, bars, restaurants, taxis, offices, factories and any place deemed to be ‘substantially enclosed’, which is not a private residence.

Exemptions
There are exemptions for places such as care homes, but even here smoking is permitted only in designated areas. For solutions for exempted premises click here.

Regulations
Based on the Republic of Ireland regulations, smoking is permitted in some areas:
• Anywhere which has no roof and is therefore open to the elements
• Areas with a roof as long as a maximum of 50% of the potential wall space is enclosed by walls (of any description) doors or windows.

Though the regulations in Scotland had existed in draft form for many weeks, they were not formally agreed until four weeks before the enforcement of the ban. This led to confusion amongst the licensed trade and local authority departments about what would and would not be permitted as a ‘smoking area’.

All premises must display no smoking signs, which comply with specific sizes Click here to find out more about the required signage and to download free artwork.The Scottish regulations also contain a ‘due diligence’ clause. This means that if a person responsible for the operation of a ban in a public place can prove that they took all practical measures to prevent or inform members of the public, that smoking is prohibited, this will form a defence in law.

Examples of due diligence would include:
• removing ashtrays
• displaying signage
• recording incidences of non-compliance and the actions taken to correct them

Enforcement
Enforcement of the smoking law is carried out by Environmental Health Officers. They have the power to issue on the spot warnings or fines:
• For a smoker - £50
• For a manager responsible for a public place
- ‘permitting’ smoking
- £250 with the potential to be prosecuted for up to £2500.
- Failing to display signage - £250

To download a copy of the Scottish:

Act - Click here

Regulations - Click here

Wales went smoke free from 2 April 2007 (voted in by Assembly members on 30 January 2007).

Regulations
As for England, and subject to the same exemptions, all public places, including workplaces and premises where voluntary work is carried out, are required to be smoke-free. The law, therefore, prohibits smoking in all public places which are 'enclosed' or 'substantially enclosed'.

Enforcement
Failure to comply with the law will be a criminal offence, as set out in the Health Act 2006:
• Individuals may be liable to a fixed penalty of £50 for smoking in smoke-free premises. In case of prosecution and conviction, the maximum fine is £200.
• The manager or person in control of any smoke-free premises could be fined a fixed penalty of £200 for failing to display 'No Smoking' signs. In cases of prosecution and conviction, the maximum fine is £1,000.
• The manager or person in control of any smoke-free premises could be fined up to £2,500 for failing to prevent others from smoking in those premises.

Signage
A 'No Smoking' sign in premises must:
Be flat and rectangular and at least 160mm by 230mm in size
Display the international 'No Smoking' symbol in red, at least 85mm in diameter
Containing the following bilingual statement: 'Mae ysmygu yn y fangre hon yn erbyn y gyfraith/ It is against the law to smoke in these premises'.

To download a copy of the Wales regulations please click here.

The northern Ireland Assembly has implemented a ban on smoking in licensed premises since 30 April 2007.

Regulations
The law prohibits smoking in all public places which are 'enclosed' or 'substantially enclosed'. There are a few exemptions to smoke-free legislation as a designed bedroom in the following: a hotel, a guest house, an inn, a hostel, a members' club or a residential care home, a nursing home, a hospice or a research and testing facility

Enforcement
Fines for anyone who does not comply with the new smoke-free law reflect the ones set out for England.

Signage
A 'No Smoking' sign in premises must:
Be a minimum of A5 in area (210mm x 148mm).
Display the international 'No Smoking' symbol in red, at least 75mm in diameter
Carry the following words in characters that can be easily read: 'No smoking. It is against the law to smoke in these premises'.

To download a copy of the Northern Ireland regulations please click here.