Smoking in workplaces and vehicles
It is nearly seven years since it became illegal to smoke in enclosed (or substantially enclosed) public places and workplaces, including work vehicles. This applies to all places of work, paid or voluntary, and to places that are open to the public.
‘Enclosed’ places are structures which have a ceiling or roof and are totally enclosed. These include tents, marquees and conservatories.
‘Substantially enclosed’ means the structure has a ceiling or roof but has an opening in the walls which is less than half the total wall area. The area of the opening does not include windows, doors or other fittings that can be opened or shut.
Indoor smoking rooms are no longer allowed. Employers or businesses which have decided to provide an outdoor smoking shelter or area need to make sure it is not enclosed or substantially enclosed. If you are in any doubt, contact the Environmental Health team at North Kesteven District Council for advice - and don’t forget to check with the Planning Department to see if you need planning permission.
The law also applies to work vehicles used by more than one person, even if they’re not in the vehicle at the same time, and to public vehicles such as buses and taxis.
Those in charge of workplaces or public places, including vehicles, have a duty to ensure they remain smoke-free at all times and that ‘no smoking’ signs are displayed. These must be legible and displayed in the smoke-free premises or vehicle.
People who break the law face being fined: offences include smoking in a smoke-free place, which carries a fine of up to £200; failing to display the required signs, which carries a maximum fine of £1,000; and failing to prevent smoking in a smoke-free place, which could lead to a fine of £2,500.
North Kesteven District Council is responsible for making sure people comply with the law, and can prosecute or issue fixed penalty notices to those who don’t. We are continuing to offer advice and support to businesses to help them comply. Please contact us on 01529 414155, or 01522 699699 if calling from a Lincoln number, and ask to speak to our Environment Health team.
If you have concerns about people smoking in a smoke-free place or vehicle, you can bring them to our attention in one of the following ways:
- Telephone the Council on 01529 414155 or 01522 699699 if calling from a Lincoln number;
- Write to Environmental Health, North Kesteven District Council, Kesteven Street, Sleaford NG34 7EF
- E-mail: firstname.lastname@example.org