Smoking Ban Legislation
The current position is that the legislation supporting a ban on smoking in enclosed public spaces will come into force during the summer of 2007. The full list of regulations have yet to be finalised and published, but it is widely held that the rules applied in England will be similar to those in force in Scotland.
The penalties for non compliance are expected to be quite severe - If you do not take “reasonable” action to prevent anyone smoking on your premises (which is any enclosed public place) you could be liable for a fixed penalty fine of £2,500. Additionally, any individuals caught smoking can be issued a fixed penalty fine of £50.
It seems that the only way forward is to provide your staff and/or customers with a convenient, comfortable (and legal) sheltered area where they can smoke. There is an element of expense, but by providing a smoking shelter you will be seen as a pro-active business addressing their needs. You will also be reducing the risk of people smoking illegally and both you and them being fined!
Again following the Scottish example, the main points to bear in mind are that the shelters for smokers must not be “enclosed” - in effect at least 50% of the area of the walls must be permanently open to the air.
To calculate the wall area you take the area of the roof by the height to the roof, add them together and divide by 2. The total of solid parts of the shelter must be less than ½ of this area.
You may not have an open side against a wall of another structure, as this then counts as a solid part. You may not have a barrier, wall, hedge, fence etc 1.5 metres from the shelter structure, as this may impede the flow of air.
It is suggested that “Informer” telephone lines are being actively promoted by local councils, and that revenue generated from fines will go directly to council budgets....
The people at Safe Options have come up with a couple of designs for smoking shelters. For an idea of the designs, and the price implications, have a look at their site by clicking on the picture below.
A typical smokers shelter - picture courtesy of Safe Options.
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