These will affect virtually all types of businesses from pubs and clubs to offices, theatres and hotels. There will be few exemptions and even traditional ‘smoking rooms’ will have to close their doors.
People who work from home may also find themselves having to abide by these new laws. The laws will apply to them if they share their workplace with someone who does not live at that address, or, if members of the public visit their homes on a regular basis.
The new laws mean that businesses will now have to display ‘no smoking’ signs even if they are already smoke free. The penalty for not displaying these signs will range from £150 to £1,000. All of these details can be found on the government’s official smoking ban website
http://www.smokefreeengland.co.uk/.
Business managers will also have to prevent their staff and customers from lighting up. The penalty for failing to do this may be as much as £2,500.
Employers will also have to decide how they plan to regulate ‘cigarette breaks’ and whether they wish to provide ‘Smoking Shelters’ to accommodate their employees. If they fail to make their staff aware that they are now smoke-free, they may face a penalty of up to £200. Although much publicised, at present employers have no legal obligation to give smokers time off to attend smoking clinics.
There will be very few exemptions. These will, however, include homes and vehicles that are predominantly privately used, the care and hospitality industry, performers, specialist tobacconists, offshore installations and research and testing facilities. But, there will be conditions on each of these as well and businesses must be aware of all aspects of the new laws.
Mr Clayton advises that 'in order to prepare for the introduction of the new legislation businesses should take steps to ensure they are clear which premises and vehicles must remain smoke free and which areas must be signed. Employees should also be made aware of the new legislation and managers given training in how to deal with customers or employees who fail to comply. Businesses wishing to take advantage of the exceptions to the legislation should take further advice to ensure they comply fully with the regulations.'