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Smoking ban enforcement

It is an offence to smoke in an enclosed public space, business premise or business vehicle.

The definition of an enclosed public space is any area usable by the general public that is substantially enclosed or appears to be substantially enclosed by more than 50% and has a roof.

Examples of a business premise

  • Schools
  • Hospitals
  • Restaurants, pubs & clubs
  • Shops
  • Office, factories & warehouses
  • Cinemas & leisure facilities
  • Taxi office

Examples of a business vehicle

  • Buses
  • Taxis
  • Private trade vehicle
  • Company vehicle


Designated no smoking premises all fall into one of the following four broad categories of premise, namely which:

  • the public or a section of the public has access
  • are being used wholly or mainly as a place of work by persons who are employees
  • are being used by and for the purposes of a club or other unincorporated association or
  • are being used wholly or mainly for the provision of education, health or care services

The smoking ban legislation also provides protection for main entrances and exits from the above premises. Standing close by or in doorways is also an offence for which you can be prosecuted by way of Fixed Penalty Notice.


Penalties

There are 3 offences which can be disposed of by way of Fixed Penalty Notice, these are:

1. Individuals who smoke in no smoking premises could face a fixed penalty notice fine of £50.

  • Refusal to pay or failure to pay could result in prosecution and a fine up to £1,000.

 

Those in control of no smoking premises could be fined a fixed penalty notice either for:

2. Allowing people to smoke in their premises or,

3. Failing to display warning notices (‘No Smoking’ sign).

  • Refusal to pay or failure to pay could result in prosecution and a fine of up to £2,500.

Exemptions

Only a few exemptions to the law have been made, mainly on humanitarian grounds. The exemptions are:

  • residential accommodation
  • designated rooms in adult care homes
  • adult hospices
  • designated rooms in psychiatric hospitals and units
  • designated detention or interview rooms
  • designated rooms in offender accommodation premises
  • private motor vehicles*

* Note: Following a debate in the Scottish Parliament in December 2015, the Smoking Prohibition (Children in Vehicles) Bill has passed into law, and is expected to come into force in 2016 after the Scottish Government drafts appropriate regulations. We expect an implementation date to be announced soon.

 

Please contact us for further information.

 

Related

Publications

Trading Standards
Tel: 01592 583141 Fax: 01592 583318 Contact Trading Standards online
By Post: Kingdom House Kingdom Avenue Glenrothes Fife KY7 5LY

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