Smokefree legislation

How the new law will be enforced

West Wiltshire District Council will be the authority responsible for enforcing the law.

Enforcement health staff will now have the power to enter all 'no-smoking premises' to check that the new law is being complied with. They will also be able to give out fixed penalty notices to people whom they believe are breaking the law.

Businesses may be prosecuted if they:

• Fail to stop smoking in a smoke free place or vehicle
• Fail to display ‘no smoking’ signs properly
• Allow smoking in a smoke free place or vehicle

The new law will also allow enforcement officers to enter no-smoking premises, and make it an offence to not give your name and address to an enforcement officer if asked.

Those individuals who smoke in no-smoking premises will be liable to a fixed penalty fine of £50.

A fine of up to £2,500 could be imposed on anyone who is convicted of failing to prevent smoking in a smokefree place.

The District Council will be taking its usual firm but fair approach to the new law, as we have a responsibility to protect customers and employees. As such, we have a duty to investigate any complaints that we receive, and we will take enforcement action if appropriate.

There is no opt-out from the new law. Both employers and employees will have a duty to ensure that premises remain smoke free. There are no ‘by agreement’ clauses in the legislation, so the law will apply to all workplaces.

So, for example, even if a workshop employs just four people and all of them smoke, they cannot agree to allow smoking.

We suggest that employers prepare a clear Smokefree policy, setting out the new procedures and changes that will be introduced at their premises to comply with the new law and make sure that staff and visitors are aware of this.