Health and safety at work

The smoke-free workplace, accidents in the workplace, cooling towers.

Contents

Smoke-free businesses

Nearly all workplaces, public places and vehicles in England must legally be smoke-free. 

There are a few exceptions, including:

  • designated bedrooms in hotels
  • specified areas of other residential accommodation, such as prisons and care homes

The law for businesses and employers

Employers, managers and those in charge of smoke-free premises and vehicles are required to:

  • display the prescribed no smoking signs
  • take reasonable steps to make sure that no one smokes in smoke-free premises

Go to smoking at work: the law – GOV.UK.

Smoking shelters

As a business you do not have to provide outdoor smoking areas or shelters. However, if you wish to do so, please consider:

  • that the shelter or outdoor area is not enclosed or substantially enclosed
  • whether planning consent is required
  • whether there are conditions affecting use of outdoor areas if your premises are licensed
  • the potential noise impact caused by people congregating outside to smoke, particularly if the premises are open late at night or early morning
  • steps to minimise litter problems caused by cigarette ends

Report smoking at work

To report anyone breaking the law, please contact us:

Email: environmental.health@woking.gov.uk
Telephone: 01483 755 855

How we enforce the law

There are 4 offences which may incur a fixed penalty notice (FPN) or a court fine.

Smoking in a smoke-free place

This offence incurs a £50 fixed penalty notice fine. This will be reduced to £30 if paid in 15 days, or a maximum fine of £200 if prosecuted and convicted by a court.

Failure to display the correct 'No Smoking' signs.

This offence incurs a £200 fixed penalty notice fine. This will be reduced to £150 if paid in 15 days, or a maximum fine of £1,000 if prosecuted and convicted by a court.

Failure to prevent smoking in a smoke-free premises or area smoking

This offence incurs a maximum fine of £2,500. It is imposed on whoever manages or controls the smoke-free premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty fine for this offence.

Obstructing an authorised officer

This offence incurs a maximum fine of £1,000, awarded by the courts.