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When does the smoking ban take effect?

The smoking ban is already in place in Scotland, but does not come into force in England until the summer of 2007. In Wales and Northern Ireland the ban will be in place as of April 2007.

Will the ban affect my premises?

Yes, if your premises are enclosed or substantially enclosed. The government is yet to fully define what is meant by "substantially enclosed", but it is likely that your premises  will be caught. It is proposed that premises will only fall outside of the Act if they contain openings to the outside (excluding windows and doors) which amount to 50% or more of the premises' total wall space.

I have a smoking room on my premises, will this still be allowed?

No, you must ensure that you impose a complete smoking ban. It will be illegal to provide smoking areas in enclosed or substantially enclosed areas for employees or customers.

Can I allow my employees and customers to smoke outside of my premises?

You will need to decide whether you are going to ban smoking everywhere on your premises or whether you are going to provide a smoking area outside but still on your premises. If you do decide to provide an outside smoking area you must ensure that it is not substantially enclosed. A decking area, for example, which has openings in less than 50% of its total wall space and which also has a  roof would still be caught by the Act.

What am I obliged to do in order to comply with the Act?

It is the duty of every person who controls, or who is concerned with, the management of smoke-free premises to stop people from smoking there. You are therefore obliged to take reasonable steps to stop your employees or customers from smoking on your premises.

What practical changes will I need to make in order to comply with the Act?

The Act requires you to display a no-smoking sign at each public entrance to the premises, which must be prominently visible to everyone entering the premises. You may also consider taking further steps to show that you have taken the ban seriously:

• Review any existing agreements in place that deal with the sale of cigarettes (vending machines etc).
• Train staff on how to deal with difficult customers or colleagues who refuse to abide by the ban.
• Devise and implement a no-smoking policy that spells out the consequences of breaching the ban and which is communicated clearly to all employees.

What if my customers refuse to stop smoking?

In this scenario, if you have taken all reasonable measures to prevent smoking you will not be held liable under the Act. There will also be a "shop-a-smoker" hotline where you will be able to report the incident. This does not mean you may turn a "blind eye" by half-heartedly implementing the ban, since environmental health officers are likely to have powers to enter your premises to check whether an offence has or is being committed and will be able to issue you with fixed penalty notices.

What if my employees refuse to stop smoking?

Again, if you have taken reasonable steps to implement the smoking ban you will not be liable should an employee refuse to stop smoking on your premises. However, a key difference when it comes to employees who flout the rules is that you have the added opportunity to enforce the ban via your disciplinary procedures. You might consider listing smoking on your premises as an act of gross misconduct - if an employee were then to break the ban and provided that you follow proper procedures you may be able to summarily dismiss them. This means that you are not obliged to give them notice or payment in lieu of notice.

Are there specific rules in place for vehicles?

Yes - it is proposed that vehicles which are used to transport members of the public or which are used for work by more than one person will have to be smoke-free. All work vehicles, however, regardless of whether they are heavy goods vehicles, delivery vans or farming vehicles will have to be smoke-free and, as is the case with smoke-free premises, environmental health officers are likely to have powers to ensure compliance.

Can I smoke in the vehicle if I am the only person who uses it?

Smoking will be permitted in work vehicles which are used solely by one driver and are not used as a workplace by anyone else, either as a driver or as a passenger.

I share my work-vehicles with another employee, can I smoke when I am the only person in the vehicle?

No - the government intends that vehicles which are used as a workplace by more than one person, regardless of whether they use the vehicle at the same time are to be smoke-free at all times.

Who is obliged to ensure that the smoking-ban is complied with in vehicles?

The driver or any person who is responsible for safety will have a duty to prevent smoking in the vehicle. If the driver can show that they took reasonable steps to prevent smoking or that they could not reasonably have known that somebody was smoking they will not be guilty of an offence. This mirrors the defence available to managers of smoke-free premises as outlined above. The "operator" of a vehicle also has a duty to prevent smoking, which includes anyone who has management responsibilities for the vehicle. The obligation to ensure that the smoking ban is complied with may therefore also extend to employers where their employees drive smoke-free vehicles.

Will I have to put "no-smoking" signs in place in my vehicle?

Yes - at least one sign displaying the "no smoking" symbol (a burning cigarette enclosed in a red circle with a red bar across it) will have to be displayed in a position that is prominent to a person entering the vehicle. The sign has to be at least 75mm in diameter and will have to be placed in any compartment of the vehicle which has a roof and which is used by operators or passengers.

What will the consequences be if I fail to comply with the Act?

Unless you can show that you took reasonable steps to stop a person smoking on your premises or vehicle, or you did not know and could not reasonably have been expected to know that they were smoking, you could be liable for a fine of £2,500. If you fail to comply with the no smoking sign provisions you could also be liable to pay a further £200. Furthermore, whistle-blowing legislation is in place which would protect an employee who suffers a detriment or who is dismissed because they inform the authorities of your failure to enforce the ban.

Who is obliged to ensure that the no-smoking signs are in place?

Any person who has management responsibilities for the vehicle, i.e. the operator of the vehicle is obliged to ensure that the correct signs are in place.

Will the law change as I drive across the border into Scotland?

Although full details of the proposed English regulations are at present unknown it is likely that the English regulations will more or less mirror the Scottish regime. However, the Scottish regulations do require the no-smoking sign to be at least 85mm in diameter, as opposed to 75mm under the proposed English regulations. Vehicle operators driving across the border would therefore be advised to follow the more stringent Scottish requirements.