In England and Wales, strict smoking regulations apply to licensed premises, such as pubs, bars, restaurants, and clubs, under the Health Act 2006 and subsequent regulations. These laws were introduced to protect individuals from the harmful effects of secondhand smoke. Licensing Professionals have written this overview of the key smoking regulations for licensed premises:
1. Smoking Ban in Enclosed Public Spaces
No Smoking Indoors: It is illegal to smoke inside any enclosed or substantially enclosed public space, including licensed premises. This means that smoking is banned inside buildings such as pubs, bars, nightclubs, restaurants, and any other place where the public has access.
Definition of Enclosed and Substantially Enclosed:
Enclosed: A space is considered enclosed if it has a ceiling or roof and is completely enclosed on all sides.
Substantially Enclosed: A space is substantially enclosed if it has a roof and the walls enclose more than 50% of the perimeter. This is relevant for areas such as outdoor shelters or patios that may have partial coverage.
2. Outdoor Smoking Areas
Designated Smoking Areas: Licensed premises can provide outdoor smoking areas where smoking is allowed, as long as these areas are not considered enclosed or substantially enclosed. Common examples include beer gardens, patios, or smoking shelters.
Smoking Shelters: Smoking shelters must comply with the legal definition of "non-substantially enclosed." This means that at least 50% of the shelter’s sides must be open, and it cannot have a roof and walls that enclose more than half of the perimeter. Many venues install open-sided structures to meet this requirement.
Clear Signage: Licensed premises must provide clear signage to indicate where smoking is permitted and ensure that no smoking occurs in enclosed areas.
3. Signage Requirements
No Smoking Signs: All licensed premises must display no smoking signs at each entrance, in a prominent place, to inform customers and staff that smoking is prohibited inside the building. The signs must:
Be visible and legible.
Include the international no-smoking symbol (a lit cigarette with a red cross through it).
Display the following words: "No smoking. It is against the law to smoke in these premises."
4. E-cigarettes and Vaping
Vaping Indoors: The smoking ban does not currently apply to e-cigarettes and vaping. However, many licensed premises choose to prohibit or restrict vaping indoors as part of their own policies to prevent discomfort to other patrons and maintain a consistent indoor environment.
Clear Policies on Vaping: If a licensed premises chooses to restrict vaping, it should clearly communicate this to patrons, either through signage or verbal instructions from staff.
5. Responsibility of Licensees
Enforcing the Ban: It is the responsibility of the premises licence holder, designated premises supervisor (DPS), and staff to ensure that the smoking ban is upheld. They must ensure that:
No one smokes in enclosed or substantially enclosed areas.
Appropriate no-smoking signs are displayed at all entrances and throughout the premises.
Intervention: Staff should politely ask anyone smoking inside to stop or move to the designated outdoor smoking area. If customers refuse to comply, they may be asked to leave the premises.
6. Penalties for Non-Compliance
Fines for Individuals: Individuals caught smoking in a prohibited area can be fined a fixed penalty notice of £50 (reduced to £30 if paid within 15 days). If prosecuted, the fine can rise to £200.
Fines for Businesses: Licensees or businesses that fail to enforce the smoking ban or display appropriate signage can face heavier penalties:
Failure to Display Signs: A fixed penalty of £200 (reduced to £150 if paid within 15 days) or a fine of up to £1,000 if prosecuted.
Allowing Smoking Indoors: Businesses that allow smoking in an enclosed or substantially enclosed area can be fined up to £2,500.
7. Litter and Smoking Areas
Cigarette Litter Management: Licensed premises with outdoor smoking areas must manage cigarette litter, such as cigarette butts and packaging, to keep the area clean and compliant with environmental regulations. This may include providing ashtrays, bins, or designated smoking bins.
Local Authority Requirements: Local authorities may impose additional requirements for outdoor smoking areas, particularly regarding waste disposal and preventing noise or nuisance to neighboring properties.
8. Smoking and Doorways
Proximity to Entrances: Some local authorities or businesses may implement rules regarding smoking near entrances, windows, or doorways. These policies are usually implemented to prevent smoke from drifting inside the premises and affecting non-smokers.
Ventilation Considerations: Businesses may also be required to ensure that smoking areas are placed far enough from windows and ventilation systems to avoid smoke entering the building.
9. Smoking in Vehicles
Smoking in Work Vehicles: It is illegal to smoke in vehicles used for work purposes if they are shared by more than one person, even if the vehicle is not being used for work at the time. This rule applies to work vehicles owned or operated by licensed premises.
Private Vehicles: The ban also extends to private vehicles carrying children under the age of 18, making it illegal to smoke in the vehicle when minors are present.
Smoking at a licensed premises -Conclusion
Licensed premises in England and Wales must comply with the smoking ban in enclosed or substantially enclosed spaces, provide appropriate outdoor smoking areas, display no smoking signage, and ensure that patrons and staff adhere to the law. Licensees who fail to enforce the smoking regulations face significant penalties. Providing a well-managed, clean, and compliant outdoor smoking area can help maintain a safe and welcoming environment for all customers.
Licensing Professionals provide training and advice on all aspects of the Licensing Act 2003. Contact Licensing Professionals today to arrange a FREE consultation.
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