Last updated: December 6, 2021
Duties / Penalties
Post signs
The Smoking Order imposes a duty upon any person who occupies or manages a smoke free premises to post no-smoking signs.
The Smoke-free (Signs) Regulations 2007 specify the size and text of the signs. It requires that at least one no-smoking sign be displayed in a prominent position at each entrance to smoke free premises. The no-smoking sign must be at least 148mm by 210mm, must display the no-smoking symbol, and must contain in characters that can be easily read the words “No smoking. It is against the law to smoke in these premises.” The signage does not provide a phone number or another way to report violations.
The Smoking Order provides that non-compliance with these requirements is subject to a fine. The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations 2007 provide that the fixed penalty is £200 and the discounted amount (if paid within 15 days) is £150.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it specifies fines for violations that are sufficiently large to deter violations.
Remove ashtrays
There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The Smoking Order imposes a duty upon any person who controls or manages a smoke free premises to require a person to stop smoking in the premises. A person guilty of an offense under this section is liable on summary conviction to a fine. The maximum fine for such violation is £2,500.
Not to smoke where prohibited
The Smoking Order provides that a person guilty of smoking in a smoke free place is liable on summary conviction to a fine. The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations 2007 provide that the fixed penalty is £50 and the discounted amount (if paid within 15 days) is £30.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines that are sufficiently large to deter violations.
