This policy applies to all Council employees, agency staff, contractors, councillors and visitors, including the public, working at or visiting all directly managed Council buildings and their associated land, for example the car park at the Council Offices and public lavatories.  The policy also extends to plant and equipment used in a public place by Council employees or contractors, all vehicles owned by or under the control of the Council, either temporarily or otherwise, and all private vehicles when used for transporting colleagues and/or service users. 

The Policy of the Council is that smoking is not allowed in:

• Any Council premises under its control, including any part which is substantially enclosed i.e. has a roof and the openings in the wall are less than 50%, including any enclosed or underground car parks.

• Council vehicles.

• Vehicles used for Council business whilst colleagues or clients are being carried.

• Any area listed in Appendix 1.

The exceptions are:

1. Open air car parks and areas outside and away from the immediate environs of Council buildings which are not included in any no-smoking zones, which are not substantially enclosed, where exhaled smoke cannot enter buildings through open doors and windows, where working colleagues cannot be disturbed and there is no fire risk.
2. Private residential accommodation.

The Council believes that a healthy workforce is essential to the success of the authority and that the promotion of healthy lifestyles will assist in achieving this.  In support of this aim all directly managed Council buildings and their associated land, plant and equipment used in a public place by Council employees or contractors, all vehicles owned by or under the control of the Council, either temporarily or otherwise and all private vehicles when used for transporting colleagues and/or service users have been designated smoke free, guaranteeing all employees and visitors the right to work in, or visit an environment that is free from smoke.

This policy meets the requirements of the smoke free provisions of the Health Act 2006.

The smoke free provisions of the Health Act 2006 apply to all businesses and organisations employing people. They require all workplaces and enclosed public places to be smoke free.

The smoke free provisions and regulations of the Health Act 2006 authorise enforcement officers to issue fixed penalty notices for the following offences:

• Failure to display minimum ‘No smoking’ signs;
• Smoking in a no smoking place.

There is no fixed penalty available for the offence of failing to prevent smoking in a smoke free place or vehicle, therefore in these circumstances individuals may be liable to a fine on summary conviction in a magistrate’s court.

By implementing this Smoke Free Policy, the council will:

• Be an exemplar of good practice and will demonstrate strong community leadership in protecting people from the health risks associated with smoking and second-hand smoke.

• Promote Safe, healthy and cohesive communities.

• Ensure legal compliance with the smoke free provisions and regulations made under the Health Act 2006.

• Promote healthier lifestyles.

• Offer assistance to smokers to help them stop smoking altogether.

• Minimise the risk of fire.

• Ensure that all Council employees, agency staff, contractors, councillors and visitors, including the public visiting all directly managed Council buildings understand their obligations under this policy.

This policy covers all directly managed council buildings and their associated land including: community buildings, leisure/sport facilities (including bar areas), function rooms for private hire and administration offices.  Premises subject to a Council lease or the devolved management of Council freehold premises will not be covered by this policy, even though external signage may display the Council logo, for example Leisure Centres, notwithstanding their own legal responsibilities and obligations.

Smoking is not allowed in any vehicle owned or hired by the Council.  Employees are forbidden to smoke in their own vehicle if they are transporting colleagues and/or service users.

Where a building is shared between the Council and a third party, the Council will request that the policy is adopted by other organisation(s) and that as a minimum, the policy is applied to all communal areas.  For avoidance of doubt any organisation sharing the Council Offices will be expected to follow this policy and bring to the attention of their employees.

The sale of tobacco products and matches is prohibited in all directly managed Council premises and no sponsorship or marketing of tobacco producers or tobacco companies is acceptable at these premises.

The Governing Bodies of Schools and Management Committees are asked to write their own smoking policy, which should as a minimum adopt the principles outlined in the Council Policy.  However, all education establishments are encouraged to make their whole site smoke free as part of its approach to employee and pupil health and wellbeing although an exception may be made for any caretakers’ house or other private residential dwelling on site.

Peripatetic working relates to employees who are required to visit premises away from the organisational workplace, whilst undertaking their duties.  This part of the policy relates to peripatetic working within people’s homes or premises that are exempt from the smoke free legislation.

Managers are required to include consideration of second-hand smoke when they undertake risk assessments of peripatetic workers required to enter non-Council premises.

Employees should be made aware of the potential risks of entering a home or premise that is exempt from any smoke free legislation and should have consideration for second-hand smoke and the level of risk identified.

Employees must not smoke whilst on duty and when visiting residents in their own homes.  Residents are entitled to expect that their own home environment will not be contaminated by the smell of smoke. Therefore, to minimise the smell of smoke, employees should refrain from smoking prior to making a home visit.

When entering a home or any other premises exempt from the smoke free legislation and where employees are exposed to second-hand smoke, employees are expected to make reasonable attempts to reduce their exposure to second-hand smoke by adopting one or more of the following strategies:

• Consider whether or not the work could be undertaken in an alternative location away from second-hand smoke and/or at a later date/time.
• Consider the use of a face covering/mask if it is felt this would be helpful.
• Request that the premises be ventilated before/during the visit.
• Where possible, inform the client of the council’s policy in advance and request their co-operation in refraining from smoking whilst employee(s) are in attendance.
• Smoking clients will, wherever possible, be requested not to smoke whilst our staff are present. This should form part of the agreed care plan.

Employees however, must not put themselves at risk in applying this policy.  Advice from the Line Manager should be sought if application of the policy poses any further risk.

In extreme circumstances care may be withdrawn from clients whose smoking creates a risk to employees.

Please see separate policy on Vaping.

Employees may smoke away from the boundaries of the Council premises, subject to the operational needs of their business area.  Employees who do smoke must not be identifiable by identity badge or uniform displaying any Council logo or wording.  Employees are also discouraged from smoking in view of visitor areas, offices, meeting rooms, and any school or nursery facility.  Employees taking smoking breaks will do so in their own time and records for such breaks must be kept in accordance with locally determined time/flexi-time recording arrangements.  Employees on flexitime may only smoke during non-core hours and must record the time taken as non-work time. Other employees may only smoke during designated break times.

Failure to comply with these recording requirements will lead to disciplinary action being taken.

For details of the council’s flexi-time scheme refer to The Source (shared intranet).

All employees, whether or not they assume management responsibilities, are required to support the application of this Smoking Policy to ensure that all colleagues, visitors, contractors etc. who enter or use directly managed Council buildings and associated land, Council vehicles, or plant and equipment in public places are aware of, and comply with the Council’s Smoking Policy.

If necessary, employees should politely advise smokers to refrain from smoking whilst in Council buildings and associated enclosed land, or if necessary they should ask them to leave the premises.  However, they are not expected to enter into any confrontation, which may put their personal safety at risk.

Employees should inform the appropriate Line Manager of anyone who fails to comply with the policy.

The Council acknowledges the importance of securing the full co-operation of all employees in pursuing this policy. Failure to comply with this policy could result in disciplinary action being taken against an employee in accordance with the Council’s disciplinary procedure.

The Regulations require anyone who occupies or manages a smoke-free premises to make sure that at least one legible no smoking sign is displayed. There is no specific requirement as to the size, shape, content or location of no-smoking signs.

Where a premises is made up of a number of separate buildings there is no legal requirement to display a sign in each, however this may be necessary depending on the usage of the premises.

At least one legible no-smoking sign must also be displayed in vehicles; again there are no requirements as to the format and size of the signs which should be displayed.

Ensuring signs are displayed is the responsibility of establishment managers, except for centrally managed buildings where signs are the responsibility of the Facilities Team.

The Council recognises that for some electronic cigarettes and/or vaping are used as one way to reduce or give up smoking cigarettes.  For those who are vaping as part of an attempt to reduce or stop smoking cigarettes there are also a number of support services that are able to offer help and advice for those wishing to stop:

• Live Well, Stay Well –offers free Stop Smoking Support programmes plus advice and information on pharmacological treatments such as free nicotine replacement therapy (NRT) or Champix on prescription. They also provide advice on how to handle withdrawal symptoms and can take carbon monoxide (CO) readings to measure carbon monoxide levels.

Website:https://www.healthandwellbeingbucks.org/how-can-i-quit-smoking

• NHS Stop Smoking Website

Provide advice and support and signposts to useful apps.

Website: Quit smoking - Better Heath - NHS (www.nhs.uk)

For employees wishing to stop smoking, the Council will support these individuals by exercising discretion around the flexi time scheme so that they can have up to 6 hours to attend any programme designed to help them to quit.  For monitoring purposes, employees may be asked to provide evidence of their attendance.

Complaints will be dealt with through the Council’s normal complaints procedure and/or disciplinary procedure, depending upon the nature of the complaint. Further information can be accessed via the online complaints form

This policy shall be reviewed and updated as necessary in accordance with legislation and other local agreements.

Appendix 1

Designated Smoking Areas (if applicable)

Queen Victoria Road Offices, High Wycombe

There are no designated smoking areas specified at the Queen Victoria Road Offices. 

King George V House, Amersham

There are no designated smoking areas specified at King George V House. 

The Gateway, Aylesbury

Designated smoking shelters to the side of the building.

Walton Street Offices, Aylesbury

There are no designated smoking areas at Walton Street Offices.