In this section
Advice for businesses
All businesses have a duty to prevent smoking in enclosed, or substantially enclosed, areas. You should:
- Display clear signage at the entrances to your premises to make it clear that smoking is not allowed.
- Take reasonable steps to ensure that anyone working on your premises and in work vehicles are aware that they are to be kept smoke free.
- Ensure that no one, including visitors and customers, smokes in premises that are to be kept smoke free.
There are some limited exemptions to the legislation.
To ensure that you fully comply with your obligations, we recommend that a Smokefree policy is developed with your staff. Resources are available from Smokefree England to help you do this. These include signs, example policies, and checklists.
Please note: “smoking” includes non-tobacco products such as shisha. It does not include electronic cigarettes/vaping products.
You may wish to provide a smoking shelter, either for your employees or your customers. Smoking is allowed in a shelter provided that the structure is not “wholly or substantially enclosed”. In practice, this means that where a structure has a roof, 50% of the wall space must be open. Doors and windows are not counted towards this open space if they can be closed.
If you are looking to build a smoking shelter, you will need to consider the potential disturbance to your neighbours caused by noise, light, and smoke.
Consequences of Non-Compliance
You need to take all reasonable steps to stop people from smoking in smoke free premises. Failure to do so may result in you facing prosecution.
If a customer smokes in a smoke free part of your premises, they are committing an offence and may face a fine or prosecution. Provided you have taken all reasonable steps to stop them, you will not face prosecution.
Support your staff to stop smoking.
To contact us about ensuring your premises are smoke free and comply with the legislation, then please complete our online advice request form.