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.
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.
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.
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.
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.
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.
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.
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.
For your business to comply you must ensure that:
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.
Food and Safety Team
Derby City Council
The Council House