Questions and answers

When did smoke-free legislation come into effect?

Smoke-free legislation came into effect on Monday 30 April 2007.  Enforcement began at 6am on that day.

What is the aim of smoke-free legislation?

The aim of smoke-free legislation is to protect workers and the public from second-hand smoke in enclosed and substantially enclosed workplaces and public places, including work vehicles and public transport.

What does ‘enclosed’ or ‘substantially enclosed’ mean?

Enclosed refers to premises that have a ceiling or roof and, except for doors, windows and passageways, they are wholly enclosed, either permanently or temporarily.

Substantially enclosed refers to premises that have a ceiling or roof but there is an opening or an aggregate area of openings in the walls which is less than half of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises. In determining the area of an opening or an aggregate area of the openings, no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.

The definition of ‘roof’ includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including for example a canvas awning.

What does smoke-free legislation do?

It prohibits smoking in smoke-free premises and smoke-free vehicles by creating an offence of:

  • failing to display no-smoking signs in smoke-free premises or smoke-free vehicles.
  • smoking in smoke-free premises or smoke-free vehicles;
  • failing to prevent smoking in smoke-free premises or smoke-free vehicles.

It also places a duty on district councils to enforce smoke-free legislation, sets out the powers of authorised officers to enter certain premises and creates an offence of obstruction of an authorised officer.

Where does smoke-free legislation apply?

Smoke-free legislation applies to most premises which are enclosed or substantially enclosed. Premises open to the public must be smoke-free. However, premises open to the public that are not used as a place of work are required to be smoke-free only during those times when they are open to the public (for example, stately homes which are open to the public for one day a year and are not a person’s workplace).

Premises must be smoke-free all the time if they are used as a place of work by more than one person (even if the persons who work there do so at different times, or only intermittently), or where members of the public might attend for the purpose of seeking or receiving goods or services from the person or persons working there (even if members of the public are not always present).

If only part of the premises is open to the public or used as a place of work, only that part of the premises is required to be smoke-free.

Smoke-free legislation also applies to vehicles which are used for the transport of members of the public or a section of the public, for example, buses, taxis and trains, and vehicles which are used for work by more than one person (even if the persons who work there do so at different times or only intermittently).

Who does smoke-free legislation affect?

Everyone responsible for, and/or using, enclosed or substantially enclosed public places and workplaces including vehicles that are required to be smoke-free.

Are any premises exempt from smoke-free legislation?

There are few exemptions to smoke-free legislation. Those available are subject to certain conditions.

The exemptions are:

  • private accommodation;
  • a designated bedroom in the following: a hotel, a guest house, an inn, a hostel or a members’ club;
  • a designated room in the following: a residential care home, a nursing home, a hospice or a research and testing facility;
  • a designated room in residential accommodation in a mental health unit; Note: the provision for smoking in a designated room in residential accommodation in a mental health unit ceases to have effect from 30 April 2008;
  • prisons, young offenders’ centres and remand centres; Note: this exemption does not extend to visitors’ centres, social clubs, premises on which intoxicating liquor is sold, and premises used for physical recreation of persons other than those detained, all of which are required to be smoke-free;
  • a designated room used as a detention cell within a police station, an exercise area within a police station and an interview room within a Child Abuse and Rape Enquiry (CARE) suite; Note: the provision for smoking in a designated room used as a detention cell within a police station, an exercise area within a police station and an interview room within a CARE suite, ceases to have effect from 30 April 2008;
  • and specialist tobacconists (only for the purposes of sampling).

Is there support for businesses?

Detailed guidance was issued to all businesses in Northern Ireland. The guidance included a sample of the no-smoking signs which are required to be displayed under the legislation (additional supplies of signage and the guidance are also available free of charge by contacting the relevant district council’s environmental health department) and a sample smoke-free policy.

Copies of the guidance and no-smoking signs are available to download using the links below:

  • Smoke-free legislation guidance document in English or Irish
  • Rectangular sign (148mm x 210mm) A4 poster.
  • No-smoking vehicle sign.

Click here to see how employers can support staff who would like to give up smoking.

Previously, my business has designated or segregated areas for smoking. Are these areas still allowed?

No. The smoke-free legislation requires that any enclosed or substantially enclosed workplace or public place, including work vehicles and public transport, must be completely smoke-free, unless an exemption applies. Please refer to the question and answer above regarding exemptions.

My premises are well ventilated. Will this enable me to comply with smoke-free legislation?

No. Ventilation will not enable you to comply with the legislation.

I have a very small business with only a few employees who all smoke. Does the smoke-free legislation still apply to me?

Yes, if your workplace is enclosed or substantially enclosed.

As an employer or person in control of premises and/or vehicles affected by the smoke-free legislation, what should I do?

Those responsible for smoke-free premises and/or smoke-free vehicles are required to display no-smoking signs so that they are clearly visible to all employees, customers and visitors. They must also ensure that staff, customers/members and visitors do not smoke in their premises. They will need to take reasonable steps to stop people from smoking. This could include informing anyone smoking in their premises that he/she is committing an offence.  (For more detailed information, please see the guidance for businesses under: “What to do if someone is smoking in smoke-free premises”).

It may also be useful to develop and implement a smoke-free policy (ensuring that all staff are aware of this policy and its implications) and remove all ashtrays from the premises. A sample smoke-free policy is included in the guidance for businesses. Further advice may be obtained by contacting the relevant district council’s environmental health department.

Copies of the guidance and no-smoking signs are now available to download using the links below:

  • Smoke-free legislation guidance document in English or Irish.
  • Rectangular sign (148mm x 210mm) A4 poster
  • No-smoking vehicle sign

Do I have to provide facilities for staff who smoke?

No. There is no requirement to provide facilities for smokers. The aim of the smoke-free legislation is to make enclosed and substantially enclosed workplaces and public places completely smoke-free. The intention therefore is that, unless premises, or designated areas within premises, are exempt, smoking will not be permitted.

Who enforces the smoke-free legislation?

Authorised officers of district councils are responsible for enforcing the legislation.

What penalties will there be for those who do not comply with the smoke-free legislation?

Failure to prevent smoking in smoke-free premises will be an offence.

  • Failure to prevent smoking in smoke-free premises may lead to a maximum fine on summary conviction of £2,500.
  • Failure to display no-smoking signage may lead to a £200 fixed penalty or to a maximum fine on summary conviction of £1,000.
  • Smoking in a smoke-free place may lead to a £50 fixed penalty or to a maximum fine on summary conviction of £1,000.

Copies of the guidance and no-smoking signs are now available to download using the links below:

  • Smoke-free legislation guidance document in English or Irish.
  • Rectangular sign (148mm x 210mm) Sign
  • No-smoking vehicle sign

Will my business be subject to checks?

Authorised officers have powers to enter certain premises in order to check compliance with the smoke-free legislation.

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