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Environmental Health
Lewes District Council
Southover House
Southover Road
Lewes
East Sussex
BN7 1AB
Tel: 01273 484354
ehealth@lewes.gov.uk
Minicom 01273 484488
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Smoke Free Compliance
Enclosed public places in the district are subject to smokefree laws. We enforce this and offer help for businesses to comply.
Public buildings, including workplaces, are now subject to smokefree compliance. This means smoking is not allowed in enclosed spaces. The legislation came into effect on 1 July 2007 in England.
Our Environmental Health department is responsible for enforcing the smoke free law. We make routine inspections to business premises. Anyone can report a breach of the smokefree law by reporting the incident.
Formal enforcement will only be taken when the seriousness of the cases warrants action. We try where possible to educate and support businesses to comply.
Spaces
The new legislation covers enclosed and substantially enclosed public spaces. This means a structure with a ceiling or roof and surrounded mostly by walls. Shops, offices, factories, pubs, restaurants, public transport and work vehicles are included.
Smoking is allowed in hotel accommodation but bedrooms need to be clearly signposted as ‘smoking room’ and its ventilation system not linked into smoke-free public areas. Doors should be fitted with a mechanical closing device to prevent smoke drift.
Restaurants, food outlets and shopping malls should be smokefree, including the entrance to the mall and shops within it. Taxis and shared work vehicles should display ‘no smoking’ signage and be smokefree.
Schools should be smokefree in enclosed buildings. Those applying for the National Health School Standard are also required to make their entire site, including grounds, smokefree.
Employers
Employers are required to ensure their premises are smokefree. They must take reasonable steps to ensure customers and staff are aware of the requirements.
They must display ‘no smoking’ signs in a prominent position at all public entrances. Businesses can register for free signage and guidance at Smokefree England.
Employers do not have to provide smoking breaks or outside smoking areas to staff, only designated rest breaks.
Staff must not smoke indoors, or in an enclosed or partially enclosed area. Some employers may specify a designated area outside for smoking.
Exemptions
Private premises are not covered by the legislation. Also certain spaces where people both live and work like prison cells, hospices and long-stay residential care homes.
However, this does not mean that smoking is allowed throughout the premises. Bedrooms in which smoking is allowed must meet be completely enclosed, except for windows / doors, on all sides by solid floor-to-ceiling walls.
The ventilation system must not connect into any other smokefree part of the premises. Doors should be fitted with a mechanical closing device to prevent smoke drift and signed as a smoking room.
Penalties
For those who have management responsibilities, failure to display minimum no smoking signs can result in a fine of up to £1000 or £200 fixed penalty notice. Failing to prevent smoking in a smokefree place up to £2500.
For individuals smoking in a no-smoking place, a fine of up to £200 or a penalty notice of £50 may be imposed.
