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1. Guidance for businesses

Smokefree legislation

Smokefree legislation states that all enclosed or substantially closed public places and workplaces, including work vehicles, must be smokefree.

The Smoke-free (Premises and Enforcement) Regulations 2006

Smokefree premises and vehicles

The following must be smokefree compliant:

  • premises the public have access to (eg. pubs, clubs, restaurants, cafes, community facilities, etc)
  • every workplace where more than one person works, or where members of the public may go to seek or receive goods or services
  • premises which are being used wholly or mainly for providing education, health or care services
  • public transport
  • work vehicles that are used by more than one person (eg. vans, lorries and taxi's)

Duty of the business owner or employer

Business owners and employers must:

  • ensure that appropriate no smoking signage is displayed
  • take all reasonable and practical steps to ensure that the legislation is followed in their premises and vehicles
  • ensure that all staff, both existing and new starters are made aware of your smokefree policy

Smoking shelters

It is not a legal obligation for an employer or business to provide a smoking shelter. If a smoking shelter is provided, consideration must be given to the location with regard to possible noise, light and smell nuisance. It must be at least 50% open sided to avoid the shelter becoming substantially enclosed. This may need planning permission, or if the premises are licensed, a change to the licensing conditions.

Smokefree legislation in England

Guidance for local authority regulatory officers and businesses about the use of no-smoking signs

Guidance for council regulatory officers

Support to staff to stop smoking

Work with staff offering support and guidance to help them quit smoking altogether Stop for Life Devon 

Failure to comply with the law

Upon investigation or inspection, if you fail to comply with the law you could be subject to a fine.