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Smokefree Hastings

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Information for Business

From Sunday 1 July 2007, virtually all enclosed public places and workplaces in England will become smokefree by law.  This will include offices, factories, indoor public entertainment venues, such as nightclubs, private members' club, shops, pubs, bars, restaurants, hotels and guesthouses (with some special exemptions), the shared parts of flats and public transport, including taxis and private hire vehicles.

This page gives advice to business owners about their responsibility and what we may be able to do to help.

What the new law means for businesses

The new law will mean indoor smoking rooms will no longer be allowed.  Anyone who wishes to smoke will have to go outside.  The new rules will apply to the smoking of cigarettes, cigars and pipes, including water pipes such as those known as shisha, hookah and hubble-bubble pipes.

All businesses covered by the new law will need to:

  • Display the legally required 'No Smoking' signs at the entrance.  The correct signage will be available from the Department of Health before the new law comes into effect.
  • Take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
  • Ensure that no one smokes in smokefree premises or vehicles

Hastings Borough Council will be responsible for enforcing the new laws and those who don't comply will be liable for a fixed penalty notice or prosecution for the following offences:

  • Smoking in a smokefree place or vehicle
  • Failing to display suitable No Smoking signs
  • Allowing smoking in a smokefree place or vehicle

Businesses should note that they will be responsible for taking reasonable steps to comply with the latter two offences, by displaying the appropriate signage and enforcing the smokefree requirement with staff customers and visitors.  Businesses will need to have appropriate systems in place to make sure the law is complied with on their premises.

The Government has set up an organisation called 'Smokefree England' to publicise and promote the Smokefree campaign and provide advice and support for businesses, including the latest position on smoking shelters, as well as information for the general public.  All businesses are strongly advised to visit the Smokefree England website (www.smokefreeengland.gov.uk) and register for email updates on the new law.  That way you will receive updates as the new regulations progress from draft form through to law, as well as free guidance and support.

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'Hastings and Rother Go Smokefree' launch

Wednesday 4 July
White Rock Hotel, Hastings
10am to 1pm

We're marking the new Smokefree law, which bans smoking inside public places, with a special event including:

  • A step by step guide to the Smokefree law and what it means for you
  • Advice and resources to help you give up
  • Smokefree business success stories
  • Guidance on signage and your responsibilities
  • Refreshments

The event will be officially opened between 10am and 10.30am, the rest of the afternoon will be a drop-in for anyone who wants expert help and advice on Smokefree.

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Smokefree FAQs

To help smooth the introduction of the new Smokefree legislation for you, whether you are a business or an individual, we've prepared these FAQs to answer common questions about the new law.

When, exactly, does the Smokefree law come into effect?

Workplaces and enclosed public spaces will be smokefree from 6am on Sunday, 1 July 2007.

All forms of smoking will become illegal in buildings and areas covered by the legislation.

What does the Smokefree law mean for me?

Smoking will become illegal in all substantially enclosed public spaces and all workplaces.

Employers, managers and owners will have to ensure that their premises are smokefree. This includes putting up appropriate 'No Smoking' signs.

If you drive a company car that is used by more than one person, it is likely the vehicle will be covered by the law too.

It will become an offence to smoke in a smokefree building and individuals and businesses may face fines if they do not comply with the law.

How will the law be enforced?

A team of Council officers will help businesses and individuals comply with the law, particularly in the early stages of it being introduced. This team will give advice on signage and other Smokefree issues.

These enforcement officers will play an important role in businesses and other enclosed buildings across the town, ensuring that people are aware of the Smokefree law and are adhering to it.

Do I have to provide a smoking shelter?

No, there is no obligation to provide a shelter. However if one is provided it must comply with the relevant parts of the new law.

Will I need planning permission for a smoking shelter?

You may need planning permission depending on the type of shelter you are proposing. See our advice here http://www.hastings.gov.uk/smokefreehastings/smoking_shelters.aspx or contact our Planning Department http://www.hastings.gov.uk/services/default.aspx#dcontrol

Are there any exemptions within the new law?

Some workplaces, which are also a person's home, like prisons, hospices and long-stay psychiatric hospitals. In these places, employers will have to identify designated smoking rooms, which will not be used for any other purpose.

Does the new law cover entrances to buildings?

Outside areas are not covered by the legislation, but employers may wish to consider prohibiting smoking in the area close to a building's entrance to make it more comfortable for people entering the building. There is no legal requirement to do this.

A canopy area at a building's entrance may have to be smokefree, if it falls within the definition of 'substantially enclosed'. See our guidance on shelters for more information. http://www.hastings.gov.uk/smokefreehastings/smoking_shelters.aspx

What are the possible penalties for breaking the law?

For business owners or those who have management responsibilities:

Failure to display appropriate signage: up to £1,000 fine or a £200 fixed penalty notice

Failing to prevent smoking in a Smokefree place: up to a £2,500 fine

For individuals:

Smoking in a smokefree place: up to £200 or a £75 fixed penalty notice

Our Warden Service will also continue to deal with smoking-related litter with £50 fixed penalty notices for people caught dropping litter.

What help is available to quit smoking?

Hastings & Rother Primary Care Trust provides a full range of smoking cessation help and advice.

Contact them on 01424 457153. The smoking cessation service is free, although you may have to pay for a prescription.

Who do I contact at the Council for help?

For general Smokefree queries contact Environmental Health http://www.hastings.gov.uk/services/default.aspx#food_hygiene

For queries about licensed premises contact Licensing http://www.hastings.gov.uk/services/default.aspx#licensing

For queries about planning permission for smoking shelters contact Development Control http://www.hastings.gov.uk/services/default.aspx#dcontrol

For queries about building regulations for smoking shelters contact Building Control http://www.hastings.gov.uk/services/default.aspx#buildingcontrol

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Further Information

Hastings and Rother Stop Smoking Services offer expert help and advice to quit smoking.

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Contact Information

For general smokefree queries please contact our Food Hygiene and Safety services section.

For queries about licensed premises please contact our Licensing services section.

For queries about planning consent for smoking shelters please contact our Development Control services section.

For queries about the building regulations for smoking shelters please contact our Building Control services section.

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This page last updated: 22/06/2007

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