Health and Safety
Smoke-free premises - the law
On April 2nd 2007 the law banning smoking in enclosed public places and workplaces came into force. The aim of this legislation is to protect workers and the general public from the harmful effects of second-hand smoke.
It is estimated that introducing this new law will prevent 400 deaths each year in Wales among non-smokers.
How is the smoke-free legislation enforced?
The law creates three specific offences:
- Failing to display no-smoking signs in premises covered by the law
- Smoking in a smoke-free place
- Failing to prevent smoking in a smoke-free place.
Responsibility for enforcement of the smoke-free premises legislation in Pembrokeshire rests with the Health and Safety Team for workplaces and public places and the Licensing Team for taxis. The teams aim to achieve compliance by raising awareness of the legal requirements, and by providing advice and support, with enforcement action being considered only when the seriousness of the situation warrants it. Enforcement visits are based on risk and where possible are combined with other regulatory visits to reduce burdens on businesses. However, visits are programmed throughout the year, including during the evening and at the weekend, to follow up any complaints.
"No smoking" signs that meet the requirements of the legislation need to be displayed in smoke-free premises in order to comply with the law.
Signage is also required for smoke-free vehicles.
You need to ensure that what you are proposing complies with the law, i.e. is not wholly or substantially enclosed. The definition is set out in the regulations. You would be advised to seek legal advice and local planning advice on the issue, in case what you have in mind requires planning or building consent.
How can I complain about breaches of legislation?
If someone is smoking in no-smoking premises or a smoke-free vehicle, you should complain in the first instance to the manager or the person in charge of the premises or vehicle.
If you are not satisfied with the outcome, you can notify the Health and Safety Team using the contact details below or via the on line complaint form. The complaints will be investigated in accordance with the enforcement policy.
How do I find out more about the ban?
If you would like to know more about the principles of the legislation and the general arrangements for implementing the ban then please contact us. We can provide advice on:
- What constitutes an enclosed area
- What you need to do to comply with the law
Stop smoking advice
If you want free and friendly advice and support to help you quit contact the All Wales Smoking Cessation Service on 0800 085 2219
For further information contact:
Health and Safety Team,
Public Protection Division,
Pembrokeshire County Council,
Tel: 01437 775179