Additional consequences of the Smokefree legislation

Now that the Smokefree legislation has been introduced, it is inevitable that there will be additional consequences to asking people to go outside to smoke. These consequences involve a number of issues that businesses need to take on board and deal with.

Litter

Police and councils have the power to issue Fixed Penalty Notices (FPNs) to people dropping any type of litter, including cigarette butts. Councils also now have the power to make businesses responsible for the litter outside their premises.

Good practice – businesses should ensure that they have adequate ashtrays or stub bins (which are emptied regularly) and that the area outside their premises becomes part of the daily cleaning programme.

Posters are available free of charge from Encams to remind people that cigarette butts are still litter and that dropping them could lead to a fine.

Noise

Since the smokefree law has been introduced, councils have seen an increase in noise complaints. Businesses should think carefully about where they are going to put their smoking area.

By providing a suitable area away from residents, businesses can help to reduce the number of noise complaints they receive. If a business is considering providing some sort of shelter, it is likely to need planning permission and should check this with the council’s planning department.

Licensing

Some licences have restrictions placed on them. It is important for businesses to check individual licences as they may need to apply for a variation.For example, pubs in residential areas often have a clause that means that beer gardens need to be closed at a certain time in the evening, which means they cannot always be used as smoking areas.

For further help and advice, businesses should contact their local authority.