anti-smoking legislation

The Smoke-Free (Exemptions and Vehicles) Regulations 2007 were made on the 7 March 2007.  They will come into force in England on the 1 July 2007 following Ireland, Scotland and Wales which already have their own smoking bans in place.

Under the Health Act 2006 and the Regulations, most public places, work places and work vehicles are designated smoke-free; smoking is simply not permitted.  Virtually all 'enclosed' or 'substantially enclosed' public places and workplaces will be affected and indoor smoking rooms in public places and workplaces will no longer be allowed.

The Heath Act 2006 sets out some exemptions such as one’s home or residence (including hotels, care homes and prisons). The Regulations set out exemptions in some of the areas listed below but they must be read fully, and carefully in each individual case, as many of the exemptions are detailed and contain caveats and further requirements of their own:

• private and residential accommodation
• accommodation for guests and club members
• care homes, hospices and prisons
• performers in performances
• specialist tobacconists
• some vehicles (primarily private vehicles in the course of private use)

Separate Regulations require clear signage in smoke-free premises and set out financial penalties for breaches.

Click on the link to view the HSE’s website contains guidance on the Regulations and smoking in the workplace.

For more information, please contact John Mitchell, head of Blake Lapthorn solicitors' Health and Safety team on 023 8085 7231 or john.mitchell@bllaw.co.uk.