Smoking ban enforcement

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Smokefree workplaces and public places

It is against the law to smoke or allow people to smoke in enclosed public spaces or workplaces.  Employers and people in control of workplaces must ensure that all enclosed workplaces and work environments are smoke free.

The Food and Safety and Licensing Teams are responsible for ensuring enclosed public spaces and workplaces, including vehicles, in Derby are smoke free.

Businesses affected by the Smokefree Regulations

All enclosed public spaces or workplaces are affected and must be smoke free.  This includes bars, cafes, restaurants, takeaways, offices and shops. Vehicles used for work and by more than one person must also be smoke free, even if the vehicle is privately owned.

Some businesses are exempted from some requirements within the legislation.  These include care homes or hotels.  The legislation allows for some bedrooms or private living areas to be suitably adapted and allocated as ‘smoking allowed’.  This does not extend to any common parts of buildings or workplaces.

Guidance on Shisha and Smoking Shelters are not exempt from the Smokefree Regulations and must comply like all other workplaces.

If you require further information or advice on keeping your business smoke-free please contact us.

How do the Smokefree Regulations affect me?

Employer or person in control of a workplace

If the public visit your workplace, or if more than one person is employed or works, even if others work there at different times of the day, then you must ensure that your workplace is totally smoke free at all times.

Employer with work vehicles

If you operate work vehicles then these must be smoke free if the public have access to the vehicles or if more than one employee uses a vehicle, even if this is at different times.

Landlord, building owner or similar

If you are responsible for a building where the public may visit or where more than one person is employed or works, even if others work there at different times, then you must ensure that your building is totally smoke free at all times.

Private hire vehicle driver/operator and Taxi driver/operator

If your vehicle is used as a private hire vehicle or taxi, it must be smoke free at all times, not only when carrying members of the public.

Employee

If you are employed and are not the only person at your place of work, even if others work there at different times, then your place of work must be smoke free at all times.

Member of the public

Places that you visit such as pubs, restaurants, or any places accessible to the public that are enclosed or substantially enclosed must be smoke free at all times.

What do I have to do to ensure that my business complies with Smokefree Regulations?

For your business to comply you must ensure that:

  • The entire premises, with the exception of an outside smoking shelter or open external areas, are smoke free.
  • Signs are displayed in prominent positions throughout your business (normally at the entrances) to inform employees, visitors and members of the public that smoking is not allowed.
  • Employees should be trained in how to manage and prevent smoking within the premises, and your business must have a clear management process in place to prevent or deal with breaches of the law.
  • If you intend to allow customers and employees to smoke outside you must manage where they do so.  Attention should be paid to planning where smoking is allowed outside to ensure that smoke does not enter the premises.  If you are considering providing an external smoking shelter the legislation requires the structure to be less than 50% enclosed

Failure to prevent smoking in a smoke free area may lead to the prosecution of the employer or the person in control of the workplace, building or vehicle.  There is also the provision in law to issue anyone caught smoking in a smokefree area with a fixed penalty notice.

Useful forms

Contact details

Email:
Post address:
Food and Safety Team
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS
Phone: 01332 640779
Minicom: 01332 640666
Fax: 01332 643299
Food and Safety Team
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS