Vale of White Horse District Council
Abbey House, Abbey Close,
Abingdon, OX14 3JE
Email: comments@whitehorsedc.gov.uk
Telephone: 01235 520202

Vale of White Horse District Council

Frequently asked questions - the smokefree legislation

• What is the definition of ‘enclosed’ and ‘substantially enclosed’?
• What signage will I need to display?
• What signage needs to be displayed in smokefree vehicle?
• How can I get the correct signage?
• Who will enforce the law?
• How do I develop a smokefree work policy?
• Sometimes smoke blows back through my office window. Can smokers be made to smoke away from the building?
• I run a pub where the majority of customers smoke. How can I be expected to make them stop?
• Will my home be required to be smokefree?
• I work from home - will that have to be smokefree?
• Are there any exemptions to the new legislation?
• I am a Health Visitor/Nurse - can I insist the client stop smoking when I visit them?
• Can I smoke in my privately owned vehicle?
• Will the regulations include all company vehicles?
• I share a company vehicle with one other person. We are both smokers and want to smoke in the vehicle. Can we do this?
• I am a taxi driver - can I smoke in my vehicle when I don’t have any passengers?

What is the definition of “enclosed” and “substantially enclosed”?
Enclosed – A ceiling or roof and except for windows, doors or passageways, are wholly enclosed whether on a permanent or temporary basis. Tents/Marquees will also be classed as enclosed if they fall within this definition. Substantially enclosed – A ceiling or roof with permanent openings in the walls, which are less than half of the total area of walls. When determining the area of an opening this does not include doors, windows or other fittings that can be open or shut.

What signage will I need to display?
Premises and vehicles that are to be smokefree by law will be required to have ‘no smoking signs’ in place at each entrance, displayed in a prominent position. Signage should be A5 in size showing the international ‘no smoking’ symbol at least 70mm in diameter and must contain the words, “No smoking. It is against the law to smoke in these premises” (substitute words can be used for ‘these premises’ as long as they refer to the particular smokefree premises e.g. ‘this hotel’).

A no smoking sign simply displaying the international no smoking symbol in colour (minimum 70mm in diameter) is sufficient at entrances to smokefree premises which:

• Are for staff only (on the basis that the premises displays at least one A5 sized sign with the correct wording as set out in the regulations)
• Are located within other smokefree premises (e.g. a shop within an indoor shopping area).   

What signage needs to be displayed in smokefree vehicle?
Smokefree vehicles must display a ‘no smoking’ sign which contains the international ‘no smoking’ symbol and is at least 70mm in diameter.

How can I get the correct signage?
Signs can be downloaded from this page of the Smokefree England website.

Who will enforce the law?
Local Authority Environmental Health Officers will have power to enter all no-smoking premises. They can issue Fixed Penalty Notices.

How do I develop a smokefree work 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. Policies should:

• Acknowledge the right of employees to work in a smokefree environment
• Be easy and simple to understand
• Identify the members of management and staff who have responsibility for the implementation of the policy
• Identify the outside areas where staff can smoke (if there are any)
• Provide information on how to obtain help to quit smoking.   

Members of staff should be consulted on the policy which then should be communicated to all members of staff, including new members of staff before they start work. You will also need to decide how to deal with non-compliance.

For further advice on developing a policy or to receive a model policy please visit www.smokefreeengland.co.uk or  call Oxfordshire Smoking Advice Service on 01865 226 663.

Sometimes smoke blows back through my office window. Can smokers be made to smoke away from the building?
The provisions made under the Health Act only relate to enclosed/substantially enclosed workplaces and public places. Employers and business owners will need to consider issues such as smoking at building entrances as they arise.

I run a pub where the majority of customers smoke. How can I be expected to make them stop?
The vast majority of the population are law-abiding citizens and we expect high levels of compliance. This has been the case in Ireland and Scotland. If as a landlord you take all reasonable measures to prevent smoking and the customer will not extinguish his/her cigarette/pipe and will not leave the premises, you will not be liable under the legislation.

Will my home be required to be smokefree?
No. The legislation does not cover dwellings or private residential spaces, except for parts of dwellings used solely as a workplace by more than one person. However, if the work within the private dwellings is solely undertaken to provide personal care for someone living in the dwelling/assist with the domestic work of the household in the dwelling/maintain the dwelling/install, maintain or remove any service provided to the dwelling for the benefit of people living there then the regulations do not apply and the people will not be restricted from smoking in any part of their private dwelling.

I work from home - will that have to be smokefree?
It depends. Any part of a private dwelling that is used solely as a place of work will be required to be smokefree if it is used by more than one person.

Are there any exemptions to the new legislation?
The Government has proposed that there should be some exemptions for some workplaces, providing the exempt premises have designated rooms that meet strict requirements. Adult hospices, prison cells, other long-stay residential care establishments, designated hotel bedrooms, designated rooms in offshore installations, designated rooms in a research or testing facility, performers and specialist tobacconist shops will be exempt. These exempt areas must meet strict requirements to reduce exposure to second-hand smoke.

I am a Health Visitor/Nurse - can I insist the client stop smoking when I visit them?
The proposed regulations will not require that people do not smoke in their own homes. An agreement will have to be made between the client and the professional.

Can I smoke in my privately owned vehicle?
Yes, the regulations do not extend to vehicles used for private purposes.

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. 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. Vehicles required to be smokefree will not need to be smokefree when they are conveying persons if they have a removable or stowable roof during the time the roof is completely removed or stowed.

I share a company vehicle with one other person. We are both smokers and want to smoke in the vehicle. Can we do this?
No. As the vehicle is part of the workplace it falls within the legislation and is required to be smokefree at all times.

I am a taxi driver - can I smoke in my vehicle when I don’t have any passengers?
No. All vehicles used for public transport will be required to be smokefree at all times. This ensures that a member of public can be sure that the public transport they use will be free from hazardous smoke.