Smoke free legislation FAQs
Smoke free Barnet
- When will the new smokefree law start?
- Who will enforce the new law?
- What will happen if i don't comply with the new law?
- My premises are smoke free already. Will I have to do anything to comply with the new law?
- Which places must be smokefree?
- What signs must be displayed?
- What should I do if someone smokes in a smokefree place I’m responsible for?
- Does the law apply only to pubs that serve food?
- Are any public places exempt?
- My employees all smoke and don’t want to go outside to smoke. Can I let them smoke indoors as long as they all agree?
- People have always smoked at my premises and my customers are happy with this. Can't we just carry on as before?
- Does the law just apply to cigarettes?
- Can I still have a staff smoking room?
- Can/must I allow my employees to smoke outdoors on my premises?
- Must I allow my staff to take smoking breaks?
- Can I smoke in my own car?
- I share a work vehicle with another smoker. Can we still smoke?
- Can I smoke indoors at home?
- I work from home. Must it be smokefree?
- Does the new smokefree law apply to premises and vehicles used for voluntary work?
- I occasionally use my private car for voluntary work, will it need to be smokefree?
- Will I be liable if people smoke at my premises?
- Are no-smoking signs required in heritage buildings?
- My employees think that smoke free day will be a good time to stop smoking. Can I do anything to help them?
Further information: Smoke free legislation
Q.1 When will the new smokefree law start?
Sunday, 1 July 2007
Q.2 Who will enforce the new law?
Local councils will enforce the new law.
Q.3 What will happen if i don't comply with the new law?
It will be an offence to smoke in a smoke free place, or for a person in control of a smoke free place to permit people to smoke, or if signs are not displayed. If you do not take reasonable steps to comply, you may be liable to a penalty.
The council will take enforcement action if necessary. In addition, your customers or clients may go elsewhere, and your employees' health will suffer.
Q.4 My premises are smoke free already. Will I have to do anything to comply with the new law?
Yes, you will need to display approved no-smoking signs.
Q.5 Which places must be smokefree?
The new law will apply to virtually all enclosed and substantially enclosed public places and workplaces. This includes both permanent structures and temporary ones such as tents and marquees, and also work vehicles.
Indoor smoking rooms in public places and workplaces will not be allowed. There are a small number of exemptions, in particular for residential care homes and hotels, subject to conditions.
Anywhere with a roof and walls, where the walls total more than 50% of its covered perimeter, must be smoke free. Smoking will be allowed if the walls have permanent openings totalling at least 50%.
For example, a place with a roof and walls on three or four equal sides must be smoke free. If it has a wall on only one or two sides, it does not have to be smoke free.
Doorways and windows will not count as openings unless they are permanently open and cannot be closed. Any wall, fence or other structure that, although not attached to the enclosure, is within 1.5 metres of the covered area, impedes ventilation and will be counted as part of the enclosure.
If you require any advice about whether your premises are enclosed, contact us on:
- Tel: 020 8359 7995
- Email: healthandsafety@barnet.gov.uk
There is no requirement to provide an outdoor smoking shelter. If you decide to, you will need to ensure it is not enclosed or substantially enclosed.
You may also need to consider other issues such as planning, licensing and building control, noise and litter. If you are considering providing a shelter, contact the council’s planning department on:
- Tel: 020 8359 2000 or,
- Email: planning.enquiries@barnet.gov.uk
Q.6 What signs must be displayed?
All smokefree premises will need to display approved no-smoking signs prominently at every entrance. Signs will make it clear which premises and vehicles are smokefree and demonstrate that you are taking the necessary steps to meet the requirements of the law.
Signs must meet the following minimum requirements:
- Be a minimum of A5 in area (210mm x 148mm)
- Display the international no-smoking symbol at least 70mm in diameter
- Carry the following words in easily read characters – ‘No smoking. It is against the law to smoke in these premises (or '...in this shop, office, etc').’
Vehicles used for work purposes must also carry a sign, but this need only be the international no-smoking symbol at least 70mm in diameter.
You can get the signs at
- www.smokefreeengland.co.uk/resources or,
- Freephone: 0800 169 1697
Q.7 What should I do if someone smokes in a smokefree place I’m responsible for?
Based on experience from other countries, we are confident that people will respect the new law, and most will welcome it. However, you need to be prepared to take action if someone smokes in any smokefree premises or vehicles that you are responsible for. Government advice is to:
- Draw the person’s attention to the no-smoking signs and ask them to stop smoking
- Point out they are committing a criminal offence by smoking in a smokefree premises or vehicle
- Remind the person that under the law you have responsibilities to prevent smoking and that you could both receive a fine if smoking continues
- Consider refusing service to a person who is breaking the new smokefree law.
Q.8 Does the law apply only to pubs that serve food?
No, it applies not just to catering premises but offices, shops, factories, warehouses, meeting rooms, staff rooms, taxis, vans, stairways, lifts and other common parts in flats - in fact, to all workplaces, work vehicles and places to which the public have access
Q.9 Are any public places exempt?
Yes, there are a small number of exemptions, in particular for care homes and hotels, subject to conditions.
Q.10 My employees all smoke and don’t want to go outside to smoke. Can I let them smoke indoors as long as they all agree?
No, all enclosed workplaces and places to which the public have access will be smoke free.
Q.11 People have always smoked at my premises and my customers are happy with this. Can't we just carry on as before?
No. The new law is intended to protect people from second-hand smoke.
Q.12 Does the law just apply to cigarettes?
No, it covers all substances that a person can smoke. These include manufactured cigarettes, hand-rolled cigarettes, pipes, cigars, herbal cigarettes and water pipes.
Q.13 Can I still have a staff smoking room?
No, but you can have an outdoor smoking shelter, although there is no requirement for you to do so. If you do, you will need to ensure it is not enclosed or substantially enclosed.
You may also need to consider other issues such as planning, licensing and building control, noise and litter. If you are considering providing a shelter, contact the council’s planning department on:
- Tel: 020 8359 2000
- Email: planning.enquiries@barnet.gov.uk
Q.14 Can/must I allow my employees to smoke outdoors on my premises?
The decision is up to you. Bear in mind that people smoking outdoors can create noise or litter.
Q.15 Must I allow my staff to take smoking breaks?
Nothing in the new law requires this.
Q.16 Can I smoke in my own car?
Yes, the law covers vehicles used by more than one employee at work, but not vehicles used primarily for private purposes.
Q.17 I share a work vehicle with another smoker. Can we still smoke?
No, the law is designed to protect smokers and non-smokers from secondhand smoke. Smoking will only be permitted in work vehicles that are for the sole use of the driver and are not used by anyone else for work either as driver or passenger.
Q.18 Can I smoke indoors at home?
Yes, premises used only as a private dwelling are not covered by the new law. But other people in your home will benefit if you stop smoking.
Q.19 I work from home. Must it be smokefree?
If more than one person uses any part of a private dwelling solely as a place of work, then it will be required to be smokefree.
Q.20 Does the new smokefree law apply to premises and vehicles used for voluntary work?
Yes, the new law applies to all work, including voluntary work.
Q.21 I occasionally use my private car for voluntary work, will it need to be smokefree?
No, vehicles used primarily for private purposes will not need to be smokefree.
Q.22 Will I be liable if people smoke at my premises?
If you have control of a smoke free place and you have not taken reasonable steps to stop people smoking, you may be liable and so will they.
Q.23 Are no-smoking signs required in heritage buildings?
Any premises required to be smokefree will need to display prominently at entrances no-smoking signs that meet the requirements of the new law. The new law allows some flexibility for signs to be designed and displayed in a way that fits the décor of premises.
Q.24 My employees think that smoke free day will be a good time to stop smoking. Can I do anything to help them?
Yes, Barnet PCT offers a range of services to help people kick the habit. If you have staff who smoke, you can contact Barnet Stop Smoking Service on:
- Freephone: 0800 32 82 784
Email this pageLast modified by: Mike Godleman on 22/05/2007