Preparing your premises for the ban on smoking in public places

It is unlikely to have escaped your notice that a ban on smoking in certain public places is due to come into force this summer. The ban, which is contained in the Health Act 2006, will come into force on 1 July this year. It will affect most commercial premises from leisure and retail sectors (such as pubs, restaurants and shops) to workplaces (such as offices and factories).

So what must retail pharmacies do in order to ensure compliance with the Act?

What are smoke-free premises?

Essentially, smoke-free premises are those premises which are considered to be “enclosed” or “substantially enclosed” (this is defined in the Act) and which are either a workplace or a place open to the public. Retail pharmacies will fall within this definition.

If only part of the premises is open to the public or used as a workplace, then the ban will only apply to that part. This means that the ban will not affect, for example, any residential units above pharmacies.

The Act creates new criminal offences, which will be enforceable by the local authority. Similar provisions also apply to smoke-free vehicles, such as delivery vans.

Duty to put up signs

Anyone who is involved in the management of smoke-free premises will have a duty to put up “no smoking” signs in a prominent place at the entrance to the premises. Regulations are specific about the content of the signs, which must fulfil the criteria outlined in the panel (right).

The only permitted variation from these requirements is in the words to describe the actual premises, so “these premises” may be substituted by the words “this pharmacy”, for example. If the pharmacy has a second entrance, such a back door which is only used by staff, a sign which only contains the “no smoking” symbol will be sufficient at that entrance.

Failure to comply with the signage requirements will result in a fixed penalty of up to £200 or, on conviction in a magistrates’ court, to a fine of up to £1,000.

Duty to prevent smoking

Anyone who occupies or is involved in the management of smoke-free premises will have a further duty to prevent smoking in those premises. Failure to comply could result in a fine in a magistrates’ court of up to £2,500. However, the occupier or manager will have a defence if they took reasonable steps to prevent the person from smoking, or could not reasonably have known that a person was smoking there.

And for the smokers…

Anyone found guilty of smoking in smoke-free premises is liable to a fixed penalty of up to £50 or, following conviction in a magistrates court’, to a fine of up to £200.