Recent media reports are suggesting that there’s still a great deal of confusion around the imminent smoke free legislation.

To help you, we’ve reproduced answers to the most frequently asked questions from the Smokefree England’s information line (0800 169 1697). This was set up to answer queries from businesses and individuals on the smokefree regulations.

What sort of smoking will the new law cover?
The legislation covers the smoking of tobacco or anything that contains tobacco, or smoking any other substance, including manufactured cigarettes, hand-rolled cigarettes, pipes and cigars.

This means that anything that is smoked is covers by smokefree legislation, including manufactured and hand-rolled cigarettes, pipes, cigars, herbal cigarettes and water pipes (including shisha, hookah and hubble -bubble pipes).

What is the definition of ‘enclosed’ and ’substantially?
The Health Act 2006 sets out that premises that are open to the public, or are used as a place of work (by more than one person or where members of the public might attend to receive or provide goods or services) are to be smokefree in areas that are enclosed or substantially enclosed.

Enclosed - Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis. Tents, marquees and similar structures will also be classified as enclosed premises if they can be enclosed, even if at times they are not.

Substantially Enclosed - Premises are substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. This is known as the 50% rule.

When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings that can be open or shut. A roof includes any fixed or movable structures, such as canvas awnings.

Why are ventilated smoking rooms not an alternative?
Scientific evidence shows that ventilation does not provide a solution to eliminating the health risks associated with secondhand smoke. Scientists have shown that to remove the risks of secondhand smoke, an enclosed premises would need wind tunnel-like rates of ventilation, which would then make smoking nearly impossible.

You can read more about this in the joint 2003 report from the Health and Safety Authority and the Office of Tobacco Control in the Republic of Ireland entitled ‘The Health Effects of

Environmental Tobacco Smoke in the Workplace’. This can be accessed from the Smokefree England website.

What constitutes the ‘entrance’ to a building - e.g., if a shop has a canopy with chairs etc underneath, should the sign go over the window of the shop, or on the pillars where the canopy starts?
The regulations state that signage should be put up in a prominent position at the entrance of a building. They do not stipulate the precise location (such as on the doorpost/pillars), in order to afford maximum flexibility for signs to be displayed in the most appropriate place. It will be up to the owner/manager of the building to choose the most appropriate place for the sign, as long the sign is prominently visable. If unsure we recommend you consult your local council for further information

When should business plan to start putting up signage?
There is no obligation to put up signs before 1 July. However, businesses should ensure that they have sufficient signage prior to 1 July and it would be sensible for them to consider in advance where exactly they want to put the signs. They may also want to consider whether they want to make bespoke signs, for example with the name of their business in the requisite wording, with their branding or in a design that compliments the décor of their premises.

You must have no-smoking signs in place from Sunday, 1 July 2007

How do I develop a smokefree policy?
To communicate smokefree legislation and ensure employees are aware of new requirements, you may wish to consider developing a written smokefree policy for your workplace. To see a sample policy visit smokefreeengland.co.uk.resources.

Will homes be required to be smokefree?
No. The Government has no intention to make private dwellings smokefree, except for parts of dwellings that are used solely as a place of work by more than one person, or where people come to give or receive goods or services.

I would like an exemption. What places are exempt under the draft regulations?
There are very limited exemptions from the new law, as set out in the Smokefree (Exemptions and Vehicles) Regulations 2007. These regulations include exemptions for guest bedrooms in hotels, and for care homes, hospices and prisons. In most cases, exemptions do not apply to the entirety of premises, but rather to “designated rooms” that meet requirements specified in the regulations.

I am a mini cab driver. Can I smoke in my own vehicle if I don’t have any passengers?
No. Under the regulations, all vehicles used for public transport will be required to be smokefree at all times. This will mean that a member of the public can be sure that the public transport they use will be free from hazardous secondhand smoke at all times.

Will the regulations include all company vehicles?
Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it will be required to be smokefree at all times. This protects all workers who use the vehicle from harmful secondhand smoke, regardless of when they use the vehicle.

Smoking will be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger. Smokefree legislation will not apply to vehicles that are used primarily for private rather than work purposes.