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Frequently Asked Questions

Reasons for Legislation

• Q1: Is smoke-free legislation not an infringement of personal choice? Too much interference from the nanny state?
  A: The vast majority of people support restrictions on smoking in workplaces and other public places - including 66% of people supporting restrictions on smoking in pubs. It must be remembered that 7 out of 10 people choose not to smoke. The Government wants to take account of the choice of the majority of people who want to have clean smoke-free air. In countries where similar legislation has been introduced, support for legislation has grown after implementation - even amongst smokers.
• Q2: The regulations make provision for the Government to extend smoke-free legislation to railway platforms, etc. Is this a step towards banning smoking altogether?
  A: The Government believes that people should have the choice to smoke, but believes it is also right that people are both made aware of the major health risks of smoking and also provided with support to quit. Importantly, it is believed that at the same time, it is right that others should be protected from exposure to hazardous secondhand tobacco smoke. This is what the government intends to achieve through this legislation, where smoking will be eliminated in virtually every enclosed public place and workplace in this country. Although smoke-free legislation does include provision to make non-enclosed places smoke-free, the Government has no intention to use those powers at present. That means that smoking will still be permitted outside of buildings and in other non-enclosed places.
• Q3: Why couldn't we just have ventilated smoking rooms?
  A: Evidence shows that ventilation does not provide a solution to eliminating the health risks associated with secondhand smoke. We know that 85 per cent of secondhand smoke actually consists of invisible and odourless gases. Research has shown that to remove the risks of secondhand smoke, an enclosed premises would need wind tunnel-like rates of ventilation. Imagine what that would be like at the local pub. We also know that ventilation systems are expensive-many businesses simply couldn't afford to fit the systems even if they were effective.
• Q4: Will this mean the death of the British pub?
  A: There is considerable international evidence from countries that have introduced legislation for smoke-free public places and workplaces that the impact on the hospitality industry is not detrimental. Analysis and international experience shows that going smoke-free can actually be beneficial to the hospitality industry. We must remember that almost 80 per cent England's population do not smoke, and this represents a very large market. There is much evidence about the benefits to hospitality of smoke-free legislation, but after the first year of being smoke-free, New York City saw that:
  • tax receipts in restaurants and bars go up by 8.7 per cent
  • Employment in restaurants and bars has increased by 10,600 jobs
  • New Yorkers overwhelmingly supported the law, and
  • Tests showed that the air quality in bars and restaurants improved dramatically
  There is also comparable evidence of the benefits of smoke-free legislation for the hospitality industries in other countries including Ireland, and similar evidence is emerging in Scotland since their smoke-free legislation was implemented in March 2006. Importantly, smoke-free legislation will be good for the health of hospitality workers and patrons. The British Institute of Innkeeping's magazine recently said that: "...we are talking about banning the use of a carcinogenic substance which in enclosed spaces kills or damages the health of passive smokers-that means licensees and bar staff and customers. This is a scientific fact, and we should bear this in mind along with the economic arguments"
• Q5: What support is available for people deciding to quit as a result of the smoke-free legislation?
  A: The NHS provides a wide range of excellent and easily accessible smoking cessation services including; local NHS Stop Smoking Services, The Together Programme, the NHS Smoking Helpline on 0800 169 0169, www.givingupsmoking.co.uk and Nicotine Replacement Therapy (NRT) available on prescription. For more information please see the Stop Smoking Services section.
• Q6: Is secondhand smoke really that harmful?
  A: In reviewing the evidence of the health risks from secondhand smoke, the Government's independent Scientific Committee on Tobacco and Health concluded that exposure to secondhand smoke was a cause of a range of medical conditions, including:
  • lung cancer
  • heart disease
  • asthma attack
  • childhood respiratory disease
  • sudden infant death syndrome
  • reduced lung function
  In 2005, research published in the British Medical Journal estimated that over 600 deaths each year in the UK are due to exposure to secondhand smoke in the workplace. The World Health Organisation has classified tobacco smoke as a known human carcinogen. The US Environmental Protection Agency classified secondhand smoke as a "class A" human carcinogen-along with asbestos, arsenic, benzene and radon gas.
• Q7: What evidence is there that secondhand smoke is a health risk?
  A: The evidence base that secondhand smoke harms health is substantial, and has been reviewed extensively, both in this country by the Government's independent Scientific Committee on Tobacco and Health, and overseas. The World Health Organisation's International Agency for Research on Cancer's report "Tobacco Smoke and Involuntary Smoking" published in 2004 reviewed the evidence of the health risks associated with smoking and secondhand smoke-that report is over 1,400 pages long. The US Surgeon General published a 700 page report in June this year that examined a great deal of evidence and found that even brief secondhand smoke exposure can cause immediate harm. The report says the only way to protect non-smokers from the dangerous chemicals in secondhand smoke is to eliminate smoking indoors and that exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer. The Surgeon General said on the publication of the report that: "The scientific evidence is now indisputable: secondhand smoke is not a mere annoyance. It is a serious health hazard that can lead to disease and premature death".
• Q8: Has the introduction of smoke-free legislation been successful in other countries?
  A: Across the world, as the evidence of the risks associated with secondhand smoke exposure has accumulated, action has been taken to reduce people's exposure to secondhand smoke. Ireland (2004), Norway (2004), Scotland (2005), New Zealand (2004), various Canadian territories and Singapore are examples of countries which have introduced comprehensive smoke-free legislation. In America, California has had a state-wide smoke-free public places since 1998 and New York City passed smoke-free legislation in 2003. In total, over nine US states have smoke-free legislation that required completely smoke-free restaurants and bars. This legislation has proved to be effective in protecting people from the health risks of secondhand smoke. The Journal of the American Medical Association documented a significant improvement in respiratory health among bartenders after the passage of the Californian smoke-free workplace legislation. According to the British Medical Journal, the US state of Montana, saw a 40 per cent drop in hospital admissions for heart attacks during a 6 month period of smoke-free workplaces. The smoke-free provisions of this Bill are consistent with what many other Governments are doing to protect people from the harmful effects of secondhand smoke. Smoke-free legislation is proving to be not only very effective in protecting health, but is also very popular.

Location

• Q9: Will my home be required to be smoke-free?
  A: No. The draft regulations in the consultation document state very clearly that the Government has no intention to make private residential spaces smoke-free.
• Q10: I work from home - will it be required to be smoke-free then?
  A: It depends. Any part of a private dwelling that is used solely as a place of work may be required to be smoke-free if it is used by more than one person who does not live there, or if members of the public can actually come into that part of the dwelling in the course of work. The situation is set out in much more detail in the regulations.
• Q11: Does this legislation cover sports stadia? I don't want to sit (in a covered stand) next to a smoker when I have paid £800 for a season ticket!
  A: The Act allows regulations to be made that designate additional smoke-free places where people are at risk of being exposed to significant quantities of secondhand smoke. This might include sports stadia in the future after further public consultation. It is the decision of the individual sports stadium's management whether or not to go smokefree in areas which would not be covered by the legislation.
• Q12: I don't like breathing smoke outdoors either - why does this legislation apply to indoors only
  A: The Health Act will require enclosed or substantially enclosed public places and workplaces to be smoke-free. The Health Act includes powers for other places to be required to be smoke-free, but the Government has no plans to make outside areas smoke-free at the present time.
• Q13: Won't this fill the streets with cigarette butts?
  A: Local authorities are already aware of this issue and see it as a priority. DEFRA is currently reviewing legislation around the disposal of litter to consider making the removal the responsibility of the manager of the premises where litter is a problem. Contact your local authority for their policy on this matter
• Q14: Won't sending drinkers outside lead to noise problems?
  A: Pubs and bars will not be obliged to provide outdoor areas for smoking. If they do want to open one, they will need to obtain necessary planning permissions. We would not expect that neighbours should have to put up with high noise levels from drinkers now, or once smoke-free legislation has come into force. Contact you local authority for advice on their planning policy.
• Q15: Is this just about smoking in pubs?
  A: No. All enclosed workplaces and public places, including restaurants, pubs, schools, public transport and membership clubs will be required to be completely smoke-free once the legislation is implemented on 1st July 2007. There will be limited exemptions from smoke-free legislation, mainly for premises that act as an individual's dwelling, or are clearly a private space. These exemptions are set out in the regulations.
• Q16: My office is not smoke-free when the smokers stand outside and all their smoke blows back in through my window. Why can't they be made to smoke away from the building?
  A: The provisions made under the Health Act only pertain to enclosed and substantially enclosed workplaces and public places. Employers and business owners will need to consider developing their own policy on smoking, which may include restricting smoking around entrances. Example of a smoking policy.

Exemptions

• Q17: Why are adult care homes exempt?
  A: The Choosing Health White Paper made a commitment that special arrangements would be needed for certain workplaces when considering legislation. These workplaces were places such as hospices, prisons, and long-stay residential care establishments, which are also places of residence. However long-stay NHS mental health facilities will be required to be completely smokefree from July 2008.
• Q18: Why are the people who work in places where smoking will be allowed to take place not protected from secondhand smoke?
  A:[see answer 17] The regulations set out requirements for rooms in premises where people can smoke, which will protect against drift of secondhand smoke into other areas of the premises. This includes the requirement for closing doors to the room. See regulations for details of requirements.
• Q19: Am I going to be guaranteed a smoke-free hotel room? What is to stop the hotelier letting the room as smoking one day and smoke-free the next?
  A: The regulations require that hotel proprietors must designate in writing which rooms are not smoke-free and ensure that hotel rooms for smoking are clearly signed. Many hotels and hotel chains have already indicated that all hotel bedrooms will be smokefree.
• Q20: I am a health visitor, can I insist the client stop smoking when I visit them at home?
  A: NHS Trusts have their own policies on smoking and usually state that staff on home visits should not be exposed to secondhand smoke. Contact your NHS employer for details of their policy.
• Q21: Won't the 50% rule on defining "substantially enclosed" lead to confusion?
  A: All enclosed and substantially enclosed public places and workplaces will be required to be smoke-free. The regulations state that "substantially enclosed" means that the structure has a roof and that walls make up 50% or more of the total wall area (doors and windows are classed as part of the wall, not as openings).
• Q22: I work in a Day Care Centre for people with dementia. Will this be exempt from the legislation?
  A. No, as it is not a long-stay residential home, it will have to be smokefree in enclosed and substantially enclosed areas.
• Q23: If a person who is severely disabled and bed bound, will they be able to smoke in their room if it is in housing accommodation for people with physical disabilities?
  A: In a long-term residential establishment, a room can be designated as a smoking room, but must meet the standards required.

Vehicles and Public Transport

• Q24: I am a taxi driver, can I smoke in my own vehicle if I don't have any passengers?
  A: No. Under the regulations, all vehicles used for public transport will be required to be smoke-free at all times. This means that a member of the public will know that whenever they use public transport of whatever type, it will be free from hazardous secondhand smoke.
• Q25: Will the regulations include all company vehicles?
  A: 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 smoke-free at all times. This protects shift and other workers who use the same vehicle from the health risks associated with secondhand smoke. Smoking will, however, 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.
• Q26: Can I smoke in my privately owned vehicle?
  A: Yes. The smokefree legislation does not extend to privately owned vehicles.
• Q27: Can you smoke on train platforms?
  A: This would depend on whether the platform was substantially enclosed or not. However, transport companies will also have their own policies on where they allow smoking.
• Q28: How will I know whether or not the station platforms are substantially enclosed?
  A: Those with responsibility for the train station will be expected to ensure that appropriate signage is in place, so travellers can be sure where they can and cannot smoke.
• Q29: I share a company vehicle with one other person. We are both smokers and want to smoke in that vehicle. Why shouldn't we?
  A: This legislation has been developed to protect both smokers and non-smokers from secondhand smoke. It is possible that a non-smoker may use the vehicle at some point.

Enforcement

• Q30: Fines are all very well, but if the publican of my local persistently fails to provide a smokefree environment, shouldn't they lose their licence?
  A: There is no provision in smokefree legislation for offences to result in a review of a pub's licence. The penalties described in the regulations are a sufficient deterrent, and it is expected that pubs and other hospitality venues will want to comply with the legislation to make their premises a better and more healthy place to visit and work.
• Q31: Who's going to enforce all of this - the smoke police?
  A: Enforcement will be the responsibility for local authority Environmental Health Departments, who will appoint their own enforcement officers. Nevertheless, experience from other countries has shown that smokefree legislation is largely self-enforcing.
• Q32: Who do I call if I see someone smoking - is there going to be a central number?
  A: Yes, the government will be introducing a "compliance line" after 1st July. You will be able to report any non-compliance by phoning 0800 587 1667.
• Q33: I am a landlord of a busy pub, what do I do if I cannot get someone to stop smoking on my premises? Who do I call - the police?
  A: In such situations, management should follow their standard procedures as they would in other situations where a customer was behaving in an unacceptable and uncooperative manner. The manager will have to show they have taken all reasonable precautions to prevent that customer from smoking.
• Q34: Why are only local authorities expected to enforce this legislation? Why not the Health & Safety Executive, the Police and Community Safety Wardens? Surely the more people who are authorised, the greater the deterrent?
  A: The Government's answer is: To ensure consistency of enforcement across England. Local authorities are also responsible for enforcement in Scotland.
• Q35: How soon after the new legislation has been implemented will the enforcers be inspecting workplaces for non-compliance?
  A: Most local authorities will initially take a "softly, softly" approach. However, if they receive complaints about smoking in a smokefree area, they will investigate. For information on the policy in your area, contact your local Environmental Health Department.
• Q36: What funding will local authorities receive to make this work, and when will it arrive?
  A: Each local authority has already received additional funding to enforce the legislation.

  Signage

• Q37: Will there be a requirement for signage in smokefree areas?
  A: Yes. All premises and vehicles that are required to be smokefree will have to display signs at all entrances.
• Q38: I work at home, do I need signs by my front door?
  A. Any part of a private dwelling that is used solely as a place of work may be required to be smoke-free if it is used by more than one person who does not live there, or if members of the public can actually come into that part of the dwelling in the course of work. If this is the case, then signs will be required at all entrances to the part of the dwelling that is used solely as a place of work.
• Q39: Whose name will go onto the no-smoking signage?
  A: The regulations do not require signs to carry anyone's name. However, organisations may choose to do this should they wish to. People who want to make a complaint about smoking in a smokefree place should speak to the manager of the premises, or phone the national compliance line.
• Q40: If I don't like the regulation signs - what scope is there to make them less unpleasant-looking (eg a brass or wood sign, or with a clear background)?
  The regulations state that the circle and bar have to contain the international "no smoking" symbol, which has a single burning cigarette enclosed in a red circle of at least 70mm in diameter with a red bar across it. The sign must state "No smoking. It is against the law to smoke in these premises". "These premises" may be replaced by the name of the business or organisation. There is no minimum font size or style, provided the circle is 70mm and the overall size is equivalent to A5 area (there is no stipulation on shape of sign). The regulations stipulate that the international no smoking symbol must be in red but do not state whether the background should be white or clear. If in doubt, check with your local Environmental Health Department.
• Q41: Our church is already smokefree - do we need to put up signs?
  A. Yes. See the factsheet on signage for churches.
• Q42: Who will be responsible for providing signs for company vehicles?
  A: Anyone with management responsibilities for the vehicle will be required to ensure signage that meets requirements is displayed.
• Q43: Where will the signage be available from and when will it be available?
  A: Signage is available from www.smokefreeengland.co.uk. All registered businesses should also have received guidance and samples of signage.

Guidance

• Q44: When will we get guidance on the new law?
  A: All registered businesses and organizations should have received guidance direct from the Department of Health by the end of May 2007. The guidance can also be downloaded from the Smoke Free England website.
• Q45: Will there be guidance available on the web to assist workplaces implement the proposed changes?
  A: Yes - visit www.smokefreeengland.co.uk for further guidance and resources.
• Q46: Will there be clear guidance on the provision of smoking shelters?
  A: As long as smoking shelters are not enclosed or substantially enclosed, they should be lawful. Contact your local authority for details of their planning policy.