Smokefree Solihull

The Health Act 2006 came into force on the 1^st July 2007 and made it an offence for people to smoke within enclosed public places. The Act will protect the public from the harmful effects of second hand smoke. Its been hailed as the greatest public health intervention since the end of the smog's following the Clean Air Act 1953.

All enclosed public places, work places, public and work vehicles are now required to be smokefree. People that manage these premises and vehicles have a legal duty to prevent smoking, and to ensure that no-smoking signs are displayed.

Smoking Shelters

There is no requirement for managers to provide a smoking shelter. If you are considering having a smoking shelter, you should ensure that it is constructed so that it is not enclosed or substantially enclosed, otherwise it will still need to be smokefree. You may also need planning permission and building control approval.

Definitions of Enclosed and Substantially Enclosed

All enclosed and substantially enclosed public places and workplaces must be smokefree. This includes permanent and temporary structures, such as tents or marquees.

Premises are enclosed if they have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed either on a temporary or permanent basis. Premises are substantially enclosed if they have a ceiling or roof, but have an opening in the walls, which is less than half the total area of the walls. The area of the opening does not include doors or windows.

Working from Home

In general, the law does not apply to private dwellings. However, if part of a dwelling is used solely for work purposes, by at least one person that does not live at the dwelling, or members of the public enter that part then it is required to be smokefree. Communal stairwells, lifts in blocks of flats and public areas in residential accommodation must also be smokefree.

Smokefree Vehicles

All forms of public transport are required to be smokefree. Work vehicles are required to be smokefree if they are used for paid or voluntary work by more than one person, regardless of whether they are in the vehicle at the same time. Vehicles used primarily for private purposes are not required to be smokefree.

Smokefree Signs

All smokefree premises and vehicles are required to display no-smoking signs. The signs must meet the following requirements:

• Be at least A5 in size (210mm x 148mm)
• Display the international no-smoking symbol at least 70mm in diameter
• Carry the following words in characters that can be easily read:

A smaller sign consisting of just the international no-smoking symbol may be displayed at entrances used by staff only, providing the main entrance has the larger sign, and in vehicles.

Enforcement

The Council's Environmental Health Officers are responsible for enforcing the Health Act 2006. Many premises will be routinely inspected as part of workplace health and safety and food hygiene inspections. In response to complaints, Environmental Health Officers will inspect the premises either overtly or covertly. Proactive inspections are also being undertaken.

Penalties

The table below lists the three offences, liability, fixed penalty amounts and the maximum penalty upon summary conviction. Fixed penalties must be paid within 28 days but if paid within 14 days, a reduced amount applies.

Managing Smokefree Premises and Vehicles

As manager, you need to be prepared to take action of someone smokes in a place that you are responsible for. Our advice is to:

• Draw the person's attention to the no-smoking signs and ask them to stop smoking or to go outside
• Point out that they are committing a criminal offence by smoking there
• Advise the person that the law places you under a duty to prevent them from smoking and that you could both receive a fine

You should consider not serving a customer who commits an offence and can ask them to leave your premises. If an employee commits an offence, you may wish to take disciplinary action.

If a person smoking threatens physical violence, we suggest you seek assistance from the police. You should not put yourself, or your staff, in danger.

Exemptions

Very few premises are exempt from the requirement to be smokefree, and those that do have to adhere to strict conditions. Exemptions include:

• Designated smoking bedrooms in hotels, inns, hostels, guesthouses, and members' clubs
• Designated smoking rooms in care homes, hospices and prisons for use by those aged over 18
• Specialist tobacconist shops

Help for Smokers who want to Quit

Solihull Care Trust has a Stop Smoking Service that offers support and advice to anyone in Solihull who wants to quit smoking. The service includes working with employers to help staff quit smoking and training others to provide stop-smoking advice.

To contact the Stop Smoking Service telephone the Care Trust on 0121 712 8333 or email smokefreesolihull@solihull-ct.nhs.uk.

Further Information

For further information about Smokefree Solihull telephone Solihull Connect on 0121 704 8000 or email connectcc@solihull.gov.uk.

Alternatively, more information can be found on the Smokefree England website at http://www.smokefreeengland.co.uk/.