Smoke free Dacorum

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Smoke free legislation explained

• Which premises are covered by smoke free legislation?

  The legislation covers:

  • The indoor parts of places like pubs, bars, nightclubs, cafes, restaurants, lunchrooms, membership clubs and shopping centres.
  • Workplaces. Smoking inside and indoor smoking rooms are not allowed.
  • Public transport and work vehicles used by more than one person.

  You can still smoke outside. Please do not drop your cigarette butts on the ground, as you could be issued with a fine up to £2500 for dropping litter. 

• What are enclosed and substantially enclosed public places?

  An enclosed public place has a roof (including canvas awnings) and is wholly enclosed by walls. It includes temporary structures such as tents and marquees.

  A substantially enclosed public place has a roof (including canvas awnings) and openings in the walls represent 50 per cent or less of the total wall area (also known as the "50 per cent rule"). 
• What are the penalties if I don’t follow the smoke free law?

  If you:

  • do not display the required no smoking signs, you could be fined up to £1000 or issued with a £200 fixed penalty notice.
  • smoke in a no-smoking place, you could be fined up to £200 or issued with a penalty notice of £50.
  • do not prevent smoking in an enclosed or substantially enclosed place, you could be fined up to £2500. 
• What help is there for people to stop smoking?

  Go to the NHS website for information and stop smoking support.

• Hair salons and barbers

  If your shop is also your home, you only need to keep the room you use as your shop smoke free. 

• Company and work vehicles

  All company and work vehicles that are used by more than one person must be smoke free.

  If the vehicle is used by more than one person at any time, it has to be smoke free at all times regardless of the number of people in the vehicle at any one time.

  You can smoke in your private car.

• Eating places

  Smoke-free legislation covers all restaurants, cafes and takeaways.

  You can designate an outdoor drinking area for smoking. Before you do, you should:

  • check that your alcohol licence includes outside areas. Go to our premises licence page for more information.
  • check the permitted hours on your premises licence. If the outdoor area has an earlier closing time than the bar, your customers can not take their drink with them after the permitted time when they go for a cigarette.
  • find out if you need planning permission if you want to put up an outside structure.
  • be aware that drinking outside generates noise and may cause your neighbours to complain to us.

  If your home is above the cafe/takeaway

  Your home does not have to be smoke free. But, you must keep any room that you use as a workplace that someone might visit smoke free, and display the ‘no smoking’ signs. 

• Schools

  Smoke free legislation covers all schools and includes school vehicles.

  The legislation does not include outdoor areas. But, if you have been awarded National Healthy School Status (HSS), outdoor areas should be smoke free.  

• Taxis and mini cabs

  All licensed vehicles such as taxis and mini cabs must be smoke free at all times. 

  A taxi or mini cab driver cannot smoke in their vehicle at any time, including:

  • when they have no passengers
  • if they use their vehicle as their private car when off duty.  
• Residential homes and hospices

  All public areas of residential care homes and hospices must be smoke free. This includes:

  • sitting rooms
  • dining areas
  • reception areas
  • corridors
  • all other communal areas which are enclosed or substantially enclosed.

  Can residents smoke in their bedrooms?

  Yes if the management’s policy allows smoking in bedrooms and:

  • the person in charge of the premises designates a bedroom as one where smoking is allowed
  • the list of rooms designated for smoking is available for an enforcement officer to see
  • the room is clearly signposted as a room where smoking is permitted
  • the bedroom’s ventilation system does not link into the smoke free areas of the premises
  • if the bedrooms open onto a smoke free area, the door can be mechanically closed to prevent smoke drift.

  What if smoking is not allowed in bedrooms?

  The management can designate a smoking room for residents (but not staff). A designated smoking room has to be fully enclosed by solid, floor to ceiling walls. Staff are not allowed to smoke in a smoking room.

  What about staff who have to go into ‘smoking’ bedrooms or designated smoking rooms?

  The smoke free legislation does not cover people who provide personal care or domestic work in a person’s home or personal accommodation.

  Employers should carry out a risk assessment to reduce the level of exposure to tobacco smoke for their employees.

• Hotels and Bed and Breakfasts

  All public areas in hotels and B&Bs must be smoke free, including reception, dining and waiting areas.

  You can designate some bedrooms where smoking is allowed, but all other parts of the hotel must be smoke free.

  If your home is in the hotel/bed and breakfast

  Your home does not have to be smoke free. But, you must keep any room that you use as a workplace smoke free, and display the ‘no smoking’ signs.

  Outdoor smoking areas

  You can designate an outdoor drinking area for smoking. Before you do, you should:

  • check that your alcohol licence includes outside areas. Go to our premises licence page for more information.
  • check the permitted hours on your premises licence. If the outdoor area has an earlier closing time than the bar, your customers can not take their drink with them after the permitted time when they go for a cigarette.
  • find out if you need planning permission if you want to put up an outside structure.
  • be aware that drinking outside generates noise and may cause your neighbours to complain to us.
• Pubs and clubs

  All pubs and clubs must be smoke free.

  If your home is above the pub

  Your home does not have to be smoke free. But, you must keep any room that you use as a workplace smoke free, and display the ‘no smoking’ signs.

  Pubs offering accommodation

  Hotel bedrooms do not have to be smoke free. Bedrooms that are not smoke free must be clearly signed as ‘smoking bedrooms’ and their ventilation systems must not link into smoke free areas.

  Outdoor smoking areas

  You can designate an outdoor drinking area for smoking. Before you do, you should:

  • check that your alcohol licence includes outside areas. Go to our premises licence page for more information.
  • check the permitted hours on your premises licence. If the outdoor area has an earlier closing time than the bar, your customers can not take their drink with them after the permitted time when they go for a cigarette.
  • find out if you need planning permission if you want to put up an outside structure.

  Be aware that drinking outside generates noise and may cause your neighbours to complain to us.
• Working men’s clubs

  All working men’s clubs, including private members clubs, must be smoke free.

  Members clubs offering accommodation

  Hotel bedrooms do not have to be smoke free. Bedrooms that are not smoke free must be clearly signed as ‘smoking bedrooms’ and their ventilation systems must not link into smoke free areas.

  Outdoor smoking areas

  You can designate an outdoor drinking area for smoking. Before you do, you should:

  • check that your alcohol licence includes outside areas. Go to our premises licence page for more information.
  • check the permitted hours on your premises licence. If the outdoor area has an earlier closing time than the bar, your customers can not take their drink with them after the permitted time when they go for a cigarette.
  • find out if you need planning permission if you want to put up an outside structure.
  • be aware that drinking outside generates noise and may cause your neighbours to complain to us.