1. Nick Adkin
Tobacco Programme Manager
Department of Health

2. Smokefree legislation:
An overview
Nick Adkin
Tobacco Programme Manager
Department of Health

3. Why are we here?
From 6am on Sunday 1 July 2007, virtually every enclosed public place and workplace will be required to be smokefree in England by law
This presentation provides an overview of smokefree legislation and what it means for businesses and members of the public

4. Why is smoking important?
Smoking causes 106,000 premature deaths each year in UK
Smoking is the UK’s single biggest preventable killer
Smoking causes around 1 in 5 of all deaths
Smokers lose 16 years of life on average
Smoking is the single biggest cause of health inequalities
half the difference in life expectancy between the highest and lowest socio-economic groups is down to smoking

5. Why is secondhand smoke important?
Secondhand smoke is a killer
Secondhand smoke contains over 4,000 chemicals - over 50 of which are cancer causing
Secondhand smoke causes serious medical conditions, including:
lung cancer (risk up 24%)
heart disease (risk up 25%)
asthma attacks
SIDS (cot death)
childhood respiratory disease
There is no safe level of exposure to secondhand smoke

6. Why is secondhand smoke important?
The World Health Organisation classifies tobacco smoke as
“a known human carcinogen”
The Framework Convention on Tobacco Control (signed by 168 countries ratified by 143) states:
“Parties recognise that scientific evidence has unequivocally established that exposure to tobacco smoke causes death, disease and disability”
85% of SHS consists of invisible, odourless gases
Ventilation cannot eliminate the risks of secondhand smoke in enclosed environments

7. The Health Act 2006
“An Act to make provision for the prohibition of smoking in certain premises, places and vehicles…”
The legislation will create smokefree public places and workplaces and it will mean that:
it will be an offence to permit others to smoke in no smoking premises
it will be an offence to smoke in no smoking premises
it will be an offence to not display the appropriate signage in no smoking premises
it sets out powers for enforcement officers

8. The Health Act 2006: Key facts
Public Health legislation
Smokefree legislation will prohibit the smoking of tobacco or anything that contains tobacco, or smoking any other substance
Smokefree legislation applies to smoking manufactured cigarettes, hand-rolled cigarettes, pipes including hookah/ shisha, and cigars
Premises will be smokefree only if they are “enclosed” or “substantially enclosed”

9. The Health Act 2006: Key facts
Smokefree legislation will apply to all places of work used by more than one person and places open to the public
“Work” includes voluntary work
Premises are “open to the public” if the public, or section of the public has access whether by invitation or payment, or not
Work and public vehicles will also be required to be smokefree

10. The Health Act 2006: Smokefree offences
The Health Act sets out three smokefree offences:
Smoking in a smokefree place (any smoker)
Failing to prevent smoking in a smokefree place (anyone who controls or manages smokefree premises, and specified people for smokefree vehicles)
Failing to display required no-smoking signs (anyone occupying or managing smokefree premises, and specified people for smokefree vehicles)
Also an offence to obstruct an enforcement officer, or provide a false or misleading statement

11. The Health Act 2006: Smokefree Regulations
Health Act also provides a number of regulation-making powers
Regulations will give the specific detail on how smokefree legislation will work
Some regulations will need to be debated by Parliament before they can be made – details are in the Smokefree England Factsheet
Links to Smokefree Regulations are on the Smokefree England website:
Penalties & Discounted Amounts - Affirmative
Exemptions & Vehicles - Affirmative

12. The Health Act 2006: Smokefree Regulations
Five sets of smokefree regulations are to be made:
Smoke-free (Premises & Enforcement) Regulations
Smoke-free (Signs) Regulations
Smoke-free (Penalties and Discounted Amounts) Regulations
Smokefree (Exemptions & Vehicles) Regulations
Smokefree (Vehicle Operators & Penalty Notices) Regulations

13. 1. Smoke-free (Premises & Enforcement) Regulations
Made in December 2006
Set out:
What is meant by “enclosed” and “substantially enclosed”
Who will enforce smokefree legislation

14. Smoke-free (Premises & Enforcement) Regulations
Enclosed = roof + wholly enclosed by walls (not including doors, windows or passageways)
Substantially enclosed = roof + opening in walls representing 50% or less of total wall area (opening does not include openings that can be opened or shut, such as windows or doors)
Temporary structures such as tents included
“Roof” includes fixed or movable structures that can cover all or part of the premises as a roof (including canvas awnings)
“If it can be enclosed, it will be considered enclosed”

15. Smoke-free (Premises & Enforcement) Regulations
Smokefree legislation will be enforced by local councils and port health authorities
Local authorities will help to build compliance by providing support and advice to businesses ahead of 1 July 2007
Businesses can call the environmental health department in their local council for advice

16. 2. Smoke-free (Signs) Regulations
Proposed regulations have been published in draft form
Expected to be made in March
Set out requirements for no-smoking signs that will be required in all smokefree premises and vehicles
Department of Health will make signs that meet the requirements of the legislation freely available

17. Smoke-free (Signs) Regulations
Smokefree premises:
A5-area sign with international no-smoking symbol (70mm diameter) at public entrances with words
“It is against the law to smoke in these premises”
Sign with only no-smoking symbol (70mm) at staff entrances, as long as premises displays one A5-area sign
Sign with no-smoking symbol (70mm) at entrance to smokefree premises within other smokefree premises (train stations, shopping centres)

18. No smoking It is against the law to smoke in these premises
70mm in diameter
A5-area sign
No smoking
It is against the
law to smoke
in these premises
“in these premises” can be changed to the name or type of premises: “in this gym”, “in the Dog and Duck pub”

19. Smoke-free (Signs) Regulations
Smokefree vehicles:
Sign with no-smoking symbol (70mm)
Sign in a prominent position in each compartment of the vehicle for persons that is enclosed or can be enclosed

20. 3. Smoke-free (Exemptions and Vehicles) Regulations
Published in draft form in January
Will need to be approved by Parliament
Cover:
Exemptions, including private accommodation, accommodation for guests, other residential accommodation, performers, specialist tobacconists, research and testing facilities and offshore platforms
Smokefree vehicles
The Choosing Health White Paper made a commitment that special arrangements would be needed for certain workplaces when considering the legislation. These workplaces were places such as hospices, prisons, and long-stay residential care establishments, which are also places of residence. We can see good reason for treating these workplaces differently to recognise the human rights of those people that call such places home.
The draft 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.

21. Smoke-free (Exemptions and Vehicles) Regulations
Private dwellings will not be required to be smokefree, except:
parts used solely as a place of work by more than one person or where members of the public give or receive goods or services
parts of a premises used in common with other premises if they are open to the public or are a place or work

22. Smoke-free (Exemptions and Vehicles) Regulations
The regulations will not restrict people from smoking in any part
of their private dwellings used for work, if the work is undertaken
solely to:
provide personal care for someone living in the dwelling
assist with the domestic work of the household in the dwelling
to maintain the dwelling
to install, maintain or remove any service provided to the dwelling for the benefit of people living there

23. Smoke-free (Exemptions and Vehicles) Regulations
Limited exemptions from smokefree legislation for designated rooms only in:
Hotels, guest houses, inns, hostels, members’ clubs
Care homes, hospices, prisons
Specified research and testing facilities
Offshore installations
Residential mental health units (until 1 July 2008)
Exemptions also available for:
Specialist tobacconists shops for sampling of pipe tobacco or cigars
Performers under strict conditions
Conditions must be met before an exemption is permitted

24. Smoke-free (Exemptions and Vehicles) Regulations
Smokefree Vehicles
Enclosed vehicles to be smokefree at all times, if they are used:
by members of the public or a section of the public (whether or not for reward or hire)
in the course of paid or voluntary work by more than one person (even if those people use the vehicle at different times)
Vehicles will not be required to be smokefree if they are used primarily for the private purposes of a person who:
owns it, or
has the right to use it which is not restricted

25. 4. Smoke-free (Penalties and Discounted Amounts) Regulations
Published in draft form in January
Will need to be approved by Parliament
Include proposals for:
Levels of penalties for smokefree offences
Levels of penalties for fixed penalty notices
Discounted amounts for early payment of fixed penalty notices
Failure to display minimum no smoking signs: up to £1000 or a fixed penalty notice of £200
Smoking in a non smoking place: up to £200 or a fixed penalty notice of £50
Failing to prevent smoking in a smokefree place: up to £2500
Within regulations, we propose that enforcement will be a matter for local authorities, who will appoint enforcement officers. We envisage that this would likely be local environmental health officers, but local authorities may wish to appoint other officers, including for example, trading standards or local enforcement officers.
Enforcement officers will be working closely with businesses in the lead up to implementation in order to build understanding of the requirements of the legislation and will be on-duty to ensure compliance is maintained once the legislation comes into force next Summer.
Nevertheless, we know from the experience of other countries that smokefree legislation is largely self-enforcing.
CIEH training happening now – emphasising softly softly approach

26. Smoke-free (Penalties and Discounted Amounts) Regulations
Offence
FPN
(if paid in 29 days)
(if paid in 15 days)
Court awarded fine
Smoking in a smokefree place
£50
£30
Up to £200 (level 1 on standard scale)
Failure to display no smoking signs
£200
£150
Up to £1000 (level 3 on standard scale)
Failing to prevent smoking in a
smokefree place
N/A
Up to £2500 (level 4 on standard scale)

27. 5. Smoke-free (Vehicle Operators & Penalty Notices) Regulations
Published in draft form in January
To be made as soon as regulations on (a) exemptions and vehicles, and (b) penalties are made
Include proposals for:
Duty to prevent smoking in smokefree vehicles
Format for fixed penalty notices

28. Smoke-free (Vehicle Operators & Penalty Notices) Regulations
The following people will have a legal duty to cause any person who is smoking in a smokefree vehicle to stop smoking:
the driver,
any person with management responsibilities for the vehicle, and
any person in a vehicle who is responsible for order or safety in the vehicle

29. Smokefree legislation across the world
Through the Health Act 2006, England will join a rapidly growing community of countries and jurisdictions who already have entirely smoke-free laws including bars and restaurants
California
New York
US states over 50% popn
Queensland
Tasmania
Canadian cities/provinces
Ireland
New Zealand
Norway
Uruguay
Scotland

30. What will success look like?
Very high compliance
Self-enforcing compliance
Low level of FPNs and court actions
High and increasing public support
Healthier enclosed public places and workplaces