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Frequently Asked Questions
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FAQs for Public Health
There
are 35 Frequently Asked Questions in this section.
Click on a question to see the answer:
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When will the ban come into effect? -
Will the ban affect my business premises? -
What do you mean by ‘wholly or substantially enclosed’? -
How will the new law affect my business premises? -
Does this apply to my customers? -
Will there be support for businesses? -
My workplace has designated or segregated areas for smoking. Is this not enough? -
My workplace is well-ventilated. Does that not provide protection from passive smoking? -
My workplace is already smoke-free. Will I have to do anything?
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I have a very small business with only a couple of employees who both smoke. Does this law still apply to me? -
What about vehicles used for business purposes? -
What if the driver is on his/her own in the company vehicle? -
I run a hotel. How is this affected? -
I lease out self-catering accommodation. Is this affected by the legislation? -
Will the new law affect private clubs, e.g. rugby clubs, snooker clubs, golf clubs, working men’s clubs etc? -
I run a day centre for the elderly. Will this be affected by the new law? -
As an employer, or person in control of premises, what will I have to do to comply with the law? -
What do I do if someone ignores the ban and smokes on my premises? -
I run a pub where the majority of customers smoke. How can I be expected to make them stop? It will cause a disturbance. -
Who will enforce the law? -
Will my business be subject to checks? -
What penalties will there be for those who break the law? -
Will fixed penalty notices be applied at the time of the offence, or at a later date? -
Will pubs lose their licence if they allow smoking in their premises? -
What should I be doing now? -
Am I obliged to provide external smoking shelters for any of my staff or customers who smoke? -
I want to provide external smoking shelters where my staff or customers can smoke. How should I go about this? -
What about a marquee? -
I don’t want staff congregating to smoke outside my premises. What should I do? -
Am I obliged to provide external stubbing bins for staff who smoke outside? -
I work alone in my business premises and don't have any employees. Does the law apply to me? -
What is the aim of the new law? -
What does the law do? -
What do you mean by ‘no-smoking premises’? -
Are there any exemptions to the law?
Answers:
6am on Sunday March 26, 2006. Back to Top
Yes, if they are wholly or substantially enclosed. Back to Top
This is an area with a ceiling or roof that – except for doors, windows and passageways – is either wholly enclosed (whether permanently or temporarily); or is enclosed but for an opening which is less than half of the area of its walls. The legal definition can be found in Appendix A of the guidance to businesses, which can be accessed at the Clearing the Air Website Back to Top
The law requires enclosed public places, including workplaces, to be smoke-free. That means you, your staff, customers and visitors will not be allowed to smoke in the enclosed areas of your premises. Back to Top Back to Top
- Detailed guidance has been sent out to all businesses in Scotland. If you haven’t received this, then e-mail
info@clearingtheairscotland.com to get a your copy, or view it at the Clearing the Air Website. The guidance includes samples of the signs which require to be displayed and a sample smoke-free policy. It also sets out the steps that employers, managers or those in control of premises should take to comply with the law. Back to Top
No, only a complete ban on smoking in enclosed areas will reduce exposure to passive smoking. This means that the provision of smoking rooms inside workplaces will no longer be allowed. Back to Top
No. There is no safe level of exposure to second-hand smoke. Ventilation systems improve comfort by removing the smell and visibility of the smoke. They do not remove toxic carcinogens from the air. Back to Top
You will have a duty to comply with the law. See question 17 or, for more detailed advice, consult the business guidance. Back to Top
Yes, if your workplace is wholly or substantially enclosed. Back to Top
Light goods and heavy goods vehicles and public transportation vehicles (e.g. taxis, buses, trains and ferries) will be affected by the new law. If you use a car (your own or company car) for business purposes, it will be exempt unless you are using it as a private taxi. Back to Top
Vehicles which one or more persons use for work are caught by the new law. Back to Top
Hotels, boarding houses, guest houses, inns and hostels are covered by the new law. However, as a proprietor you will have the ability to designate one or more bedrooms where the occupants can smoke. The designated room should have a ventilation system which does not ventilate into any other part of the no-smoking premises and should be clearly marked as a room in which smoking is permitted. You are not, however, required to designate any rooms for smokers, if you do not wish to do so. Communal areas of your hotel, of course, should be smoke-free. Back to Top Back to Top
Yes. Premises which are being used by and for the purposes of a club or other unincorporated association, and which are wholly or substantially enclosed, are affected by the new law. Members and staff of private clubs deserve the same protection from the health effects of second-hand smoke as much as anyone else. Back to Top
Yes. The exemption for designated rooms in adult care homes relates only to residential homes. Back to Top
Employers, managers and those in control of no-smoking premises need to display no-smoking notices and to take reasonable measures to ensure that staff, customers/members and visitors are aware of the new law and that they do not smoke in their premises. We recommend the following minimum action – the display of no-smoking notices (as specified in the legislation and guidance) so that they are clearly visible to all employees, customers and visitors while they are in the premises or approaching them; developing and implementing a smoke-free policy; removing all ashtrays from premises; informing anyone smoking that he/she is committing an offence; requesting that they extinguish their smoking material immediately or leave; and refusing service (if your business provides a service for customers or members). Further details can be found in the business guidance. Back to Top
You will be expected to take all reasonable measures, outlined above to ensure that the person stops smoking. If he/she refuses, implement your normal procedure for anti-social/illegal behaviour in the premises. In all cases where physical violence or intimidation is threatened or encountered, seek the assistance of the police. Back to Top
The vast majority of the population are law abiding citizens and we envisage high levels of self-compliance. The reasonable measures which you will be required to take are outlined above. If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette or leave the premises, you will not be liable under the legislation. There will also be a national call-line where you can report the incident. Back to Top
Environmental Health staff within North Lanarkshire Council have the power to enter all ‘no-smoking premises’ in order to establish that the smoke-free legislation is being enforced in accordance with the law. Environmental Health staff can also give out fixed penalty notices to people whom they believe are committing, or have committed, an offence under the legislation. Back to Top
Yes. Environmental Health staff will undertake routine and random checks on all affected premises Back to Top
Those in control of no-smoking premises could be liable to a fixed penalty fine of £200 if they do not take reasonable action to prevent someone smoking on the premises, or if they do not provide adequate No Smoking signs. Individuals who smoke in no-smoking premises will be liable to a fixed penalty fine of £50. Refusal to pay or failure to pay may result in prosecution and a fine of up to £2,500. Back to Top
That will be up to the enforcement officers. The aim will be to be non-confrontational. Back to Top
They may do. Failure to comply with the law will be taken into account in licensing decisions under the new licensing regime which is also being brought into effect. Back to Top
You should discuss the implications of the new law with your staff and consider carefully the detailed guidance provided to ensure that you are in a position to comply with the law from 6am on March 26, 2006. Back to Top
No. You may wish, however, to review your smoking policy, and discuss with your staff how best to meet their needs within the new legislation. If your staff want help to stop smoking, advice on where to go for assistance is outlined in the business guidance. Back to Top
You will need to ensure that what you are proposing complies with the law i.e. is not wholly or substantially enclosed. You should therefore seek legal and local planning advice on the issue, in case what you have in mind requires planning or building consent. Back to Top
The definition of premises includes any tent, marquee or stall. They would therefore be caught by the legislation, if wholly or substantially enclosed. Back to Top
You may wish to discuss with your staff how best to meet your wishes, whilst acknowledging their needs. As a first step, review your existing smoking policy in consultation with staff. Advice can be obtained from the national helpline of the Scottish Centre for Healthy Working Lives on 0800 019 2211, or log onto the website for further information. Back to Top
No. However, where an outdoor smoking area is not being created, and staff and/or customers require to leave the premises to smoke, you might want to consider providing external stubbing out bins at entrances or exits to keep litter to a minimum. Back to Top Back to Top
The law aims to protect workers and the general public from the harmful effects of passive smoking. Breathing other people’s smoke is called passive, involuntary or second-hand smoking. The non-smoker breathes ‘sidestream’ smoke from the burning tip of the cigarette and ‘mainstream’ smoke that has been inhaled and then exhaled by the smoker. Second-hand smoke (SHS) is a major source of indoor air pollution. Back to Top
The new law bans smoking in ‘no-smoking premises’ by:
- creating an offence of permitting others to smoke in no-smoking premises
- creating an offence of smoking in no-smoking premises
- creating an offence of failing to display warning notices in no-smoking premises
- setting out the powers of enforcement officers to enter no-smoking premises
- creating an offence of failing without reasonable cause to give one’s name and address on request by an enforcement officer
Back to Top
These are premises which are wholly or substantially enclosed and:
- to which the public or a section of the public has access
- which are being used wholly or mainly as a place of work by persons who are employees
- which are being used by and for the purposes of a club or other unincorporated association
which are being used wholly or mainly Back to Top
Only a few exemptions have been made, mainly on humanitarian grounds. These are:
- residential accommodation
- designated rooms in adult care homes
- adult hospices
- designated rooms in psychiatric hospitals and units
- designated hotel bedrooms
- designated detention or interview rooms
- designated rooms in offender accommodation premises
- offshore installations
- private vehicles
Nothing in the new law, however, obliges an employer or manager of exempted premises to permit smoking or to provide a smoking area.
Back to Top
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