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Smokefree Legislation

No Smoking signThe Smokefree (Premises and Enforcement) Regulations 2006 restricts smoking in work places and public places.

Smoking is prohibited in all 'enclosed' or 'substantially enclosed' work places or public areas.

Definitions

  • Enclosed premises: A premises is considered enclosed if it has a ceiling or roof and, except for doors, windows or passageways, is wholly enclosed, whether on a permanent or temporary basis.

  • Substantially enclosed premises: A premises is considered substantially enclosed if it has a ceiling or roof, and any openings in the walls are less than half of the total area of walls.

In addition:

  • Smokefree premises must display a 'prominently visible' no smoking sign at each public entrance to the premises. The |no smoking sign must be at least A5 in size and display the |international no smoking symbol (a burning cigarette in red circle with red bar across it), and carry the words "No smoking. It is against the law to smoke in these premises".

  • Enforcement will be carried out by local Councils (mainly by Environmental Health Officers). Funding has been provided by the Government for local authorities to implement these legal requirements.

Regulations covering Exemptions

  • Hotel bedrooms, and designated rooms in care homes, hospices, long stay mental health units and adult prisons will be exempt from the legislation, but designated, clearly marked 'smoking permitted' rooms with doors that open onto smokefree parts of premises will have to have mechanical closing devices.

Regulations covering Penalties

  • Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice.
  • Smoking in a no smoking place: up to £200 or a fixed penalty notice of £50.
  • Failure to prevent smoking in a smokefree place: up to £2500.

Signage

Use the following links to download PDF copies of the required signage for smokefree premises:

Compliance Line

Enforcement of the smokefree regulations is the responsibility of local authorities - in this area Elmbridge Borough Council.

If you believe someone is breaking the law you can contact:

Giving-up SmokingStop smoking logo

The |Surrey NHS Stop Smoking Service is available for anyone who wishes to give up smoking.

Further information


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