Trading Standards

Image of a No Smoking sign displayed in a bar

Smoking ban

A ban on smoking in enclosed public and work places was introduced in Wales with effect from 2nd April 2007

The legislation was introduced by the Assembly to protect people from the harmful effects of inhaling second-hand smoke.

It is estimated that more than 400 deaths among non-smokers in Wales each year will be prevented due to the ban, as exposure to second-hand smoke has been identified as causing a range of illnesses.

Public and work places

The law affects public and work places which are enclosed, including pubs, restaurants, private members’ clubs, shopping centres, offices, factories and canteens.

Vehicles are also included if they are used for transporting the public or if for work by more than one person. There are only very limited exemptions to the requirements of the legislation.

Implementation

All businesses and organisations need to take steps to ensure that employees, customers, members and visitors obey the law and do not smoke in their premises.

Enforcement of the smoking ban in Newport is the joint responsibility of Environmental Health and Trading Standards. The council has produced a printable Smoking Ban advice leaflet (pdf) for businesses and individuals.

Offences

The law creates specific offences of:

Failing to display no-smoking signs in premises covered by the law
Smoking in a smoke-free place
Failing to prevent smoking in a smoke-free place
Obstructing an officer authorised by the local authority to enforce the legislation

Penalties

People smoking in a smoke-free premises may be fined a fixed penalty of £50 or taken to magistrates court.

The person responsible for a premises may be taken to court for failing to cause a person smoking in a smoke-free premises to stop, with a maximum fine of £2,500.

They may also be fined a fixed penalty of £200 or taken to magistrates court for not displaying the appropriate signage correctly.

The offence of obstruction of an officer authorised by the local authority to enforce the legislation carries a maximum fine of £1,000.

What should businesses do?

To ensure businesses are not prosecuted, the Assembly recommends the following minimum action:

Display of no-smoking notices (as specified in the draft regulations and forthcoming guidance) so that they are clearly visible to all employees, customers and visitors while they are in the premises
Developing and implementing a smoke-free policy
Removing all ashtrays from premises
Informing anyone smoking that he/she is committing an offence
Requesting that they extinguish their smoking material immediately or leave
Refusing service if a customer or member continues to smoke in public

The council has published a Planning guidance leaflet (pdf) to advise businesses on issues relating to the smoking ban.

Signage

Suitable signage is available to order or download from the Smoking Ban Wales website (opens new website) or on request from the Assembly.

Questions about the principles of the legislation and general arrangements for implementing the ban should be emailed to TobaccoPolicyBranch@wales.gsi.gov.uk

For further information contact: