Legal Framework

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.