SMOKE FREE ENVIRONMENT - THE LAW
About the Law
From 30th April 2007 Northern Ireland smoke free legislation came into effect. This means that smoking will no longer be permitted in enclosed public places and work places right across Northern Ireland.
Smoking will no longer be allowed in any workplace or public area which is ‘wholly or substantially’ enclosed. This means a public place, including workplace, which has a roof and walls on a least 50% of its perimeter. Also included are most vehicles used for work purposes where more than one person share the same vehicle which is used in the course of paid or voluntary work
(even if those persons use the vehicle at different times, or only intermittently) such vehicles include taxis, public transport, lorries, vans and minibuses.
The Law also requires you to display the correct signage. Signs for businesses should be placed in a prominent position at the entrance to the property. Vehicle signage must be placed in a prominent position of the vehicle (ie windows). Extra or replacement signage can be obtained from our Environmental Health Department.
Businesses
All businesses should have received an information pack, informing them of the law and copies of signage prior to 30th April 2007.
Businesses should also:
· Tell their staff and customers about the law
· Implement a smoke free policy
· Think about whether they want to provide an outside smoking area
· Consider if planning permission be required for the smoking area
· Consider how the outside area would be managed in order to avoid noise nuisance, tobacco related litter and antisocial behaviour
· Think about providing ashtrays and outside bins for people to dispose their cigarettes safely
· Keep a log book of any incidents of non compliance, if they occur.
Smoking Shelters – Enclosed and Substantially Enclosed
Smoking Shelters will be considered substantially enclosed if they have a ceiling or roof, but there are opening in the walls which are less than half the wall area (including other structures which serve the purpose of a wall) that constitute the perimeter of the premises.
Smoking Shelters will be considered enclosed if they have a ceiling or roof, and except for doors, windows or passage ways, are wholly enclosed, whether on a permanent or temporary basis.
A compliant smoking shelter should have either 4 walls and no roof or a roof and 50% of the walls opened.
Any business considering erecting a smoking shelter should contact the Environmental Health Department for advise before taking any action to ensure there proposals comply with all relevant legislation (Planning, Building Control, Licensing, etc)
Enforcement – Penalties for not complying with the Law
Signage – Fixed penalty of £200 or prosecution with a maximum fine of £1,000 for not displaying the correct signage for premises and vehicles.
Failure to prevent smoking in a smoke free area – maximum fine on conviction, £2,500 for both premises and vehicles.
Smoking in a smoke free place – Fixed Penalty notice of £50.00 or maximum fine on conviction of £1,000.
Ongoing compliance monitoring is currently being carried out by Tobacco Control Officers and Environmental Health Officers in the District/Borough*. Advice and compliant monitoring will be carried out both during daytime and evenings. The Council may take any necessary enforcement action in line with its enforcement policy.
Tobacco Sales to Under 16’s
Under the Children and Young Persons (Protection from Tobacco)(Northern Ireland) Order 1991.
It is illegal to sell cigarettes or any other tobacco product to any under the age of 16 years of age, even if they are for someone else.
Illegal sales carry a fine up to £2,500.
It is also illegal to break open a packet of cigarettes and sell them individually. The fine in this case is up to £1,000.
A warning notice stating that ‘It is illegal to sell Tobacco products to anyone under the age of 16’ must be displayed. This sign should be A3 sign and displayed at the point of sale. Failure to have this notice on display may result in a fine of up to £1,000.
The Council is providing these signs free of charge to retailers to assist compliance with the law.
A retailer’s information pack on the legislation with useful tips regarding under age sales and staff training information is available from the Environmental Health Department .
Useful Links:
Space to breathe: http://www.spacetobreathe.org.uk/
Health Promotion Agency: www.healthpromotionagency.org.uk
Smoke free Northern Ireland: http://www.smokefreenorthernireland.com/
Southern Health and Social Services Board: http://www.shssb.org/
Northern Ireland Planning Service: http://www.planningni.gov.uk/
