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Smokefree Hastings

This page contains the following information about Smokefree Hastings:

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Information for Business

From Sunday 1 July 2007, virtually all enclosed public places and workplaces in England became smokefree by law.  This included 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.

What the new law means for Businesses

The new law means 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 are required to:

  • Display the legally required 'No Smoking' signs at the entrance.  The correct signage is available from www.smokefreeengland.co.uk
  • 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 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 www.smokefreeengland.gov.uk for free guidance and support.

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Smokefree FAQs

When exactly, did the Smokefree law come into effect?

Workplaces and enclosed public spaces became smokefree from 6am on Sunday 1 July 2007.

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

What does the Smokefree law mean for me?

Smoking became illegal in all substantially enclosed public spaces and all workplaces.

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

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

It is 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 are available to help businesses and individuals comply with the law.  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.  Read our guidance on shelters for more information or contact our Planning Team.

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 may be exempt.  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'.  Read our guidance on shelters for more information.

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 Environmental Enforcement 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 and 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.

Visit www.smokefreeeastsussex.org.uk for more information.

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Contact Us

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: 24/07/2007

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