Advice for businesses
Does the ban affect my business premises?
Yes, if they are wholly or substantially enclosed.
Isn't it enough to have designated or segregated areas for smoking?
No. Only a complete ban on smoking in enclosed areas will reduce exposure to second-hand smoke. This means that the provision of smoking rooms inside workplaces iis no longer allowed.
Doesn't ventilation provide protection from passive smoking?
No. There is no safe level of exposure to second-hand smoke. Ventilation systems improve comfort by removing the smell and visibility of the smoke. They do not eliminate toxic carcinogens from the air.
I run a hotel. How is this affected by the no-smoking law?
Hotels, boarding houses, guest houses, inns and hostels are covered by the smoke-free law. However, proprietors have the ability to designate one or more bedrooms where the occupants can smoke. This is covered on page seven of the guidance document. You are not required to designate any rooms for smokers if you do not wish to do so. Communal areas of your hotel should be smoke-free.
Does the smoke-free law affect private clubs, e.g. rugby clubs, snooker clubs, golf clubs, working men's clubs etc?
Yes. Premises in respect of which a club premises certificate (within the meaning of section 60 of the Licensing Act 2003) has effect are explicitly covered by the Health Act 2006 and cannot be exempted.
I run a pub where the majority of customers smoke. How can I be expected to make them stop? - it will cause a disturbance.
The vast majority of the population are law-abiding citizens and experience has shown that compliance with the smoke-free law is very high. The reasonable steps which you are required to take in the event of any non-compliance are outlined in these FAQs. If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette/ cigar/ pipe or leave the premises, you will not be liable under the legislation. If after you have taken these steps the person still refuses to stop smoking, you will need to implement your normal procedure for anti-social/ illegal behaviour in the premises. In any case where physical violence or intimidation is threatened, seek the assistance of the police.
Am I obliged to provide external smoking shelters for any of my staff or customers who smoke?
No. However, you may wish to review your smoking policy and discuss with your staff how best to meet their needs. If your staff want help to stop smoking, they can phone the Smokers Helpline Wales (0800 169 0169) or contact the Stop Smoking Wales service (0800 085 2219).
I want to provide external smoking shelters where my staff and customers can smoke. How should I go about this?
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.
