Smoking Legislation
Smoking is now prohibited in all workplaces and enclosed public places.
It is now compulsory for all businesses to display a mandatory No Smoking sign. Failure to display this sign means that they are liable to be fined £200.
Copies of the correct signs:
Standard No Smoking sign
Standard No Smoking sign (smaller logo)
Additional No Smoking signs
For more information, see the Scottish Government website
If you have any complaints or enquiries, please contact the Smoking Enforcement Officers on 01786 432068 / 432015
Your Questions
What kinds of places are covered by the smoking ban?
The ban covers all enclosed spaces to which members of the public have access. This includes places of work, education, health care services and private clubs. Vehicles including buses, taxis, company cars, ferries and trains are also covered by the ban.
What am I legally required to have as signage in no-smoking premises?
You must display at least one no-smoking sign, which must be a minimum size of 230mm by 160mm and display the international no smoking symbol. It must also display the name of the person to whom a complaint may be made and state that a complaint can be so made. This sign must be conspicuously displayed and be displayed in such a way that it is protected from tampering, damage, removal or concealment.
What do I have to do to make sure my business complies with the smoking ban?
Display the required 'No Smoking' signs in such a way as to make staff, customers and visitors aware that they must comply with the law; remove all ashtrays; develop and implement a smoke-free policy with staff to ensure that infringements by employees, customers, members, and so on are dealt with under agreed procedures; inform anyone smoking that he/she is committing an offence; request that they extinguish their smoking material immediately or leave; refuse service to individuals who are smoking against the law (if your business provides a service for customers or members).
What characteristics does a designated smoking room have?
The Regulations define a designated smoking room as a room which: has been designated by the person having the management or control of the hotel as being a room in which smoking is permitted; has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor-to-ceiling walls; has a ventilation system that does not ventilate into any other part of the property (except for any other designated rooms); and is clearly marked as a room in which smoking is permitted.
What is a 'designated smoking room'?
A designated smoking room is a room in an otherwise non-smoking establishment, where you are legally allowed to smoke.
What types of premises have been allowed designated smoking rooms?
Designated smoking rooms are allowed in adult care homes, psychiatric facilities, hotels, detention facilities, and offshore installations.
Who enforces the smoking ban?
Environmental Health Officers have the power to enter all No Smoking premises to ensure that the smoking ban is being upheld and issue fixed penalty notices to anyone who is committing, or has committed an offence.
How does the smoking ban affect my business premises?
The law requires enclosed public places, including workplaces, to be smoke-free. That means you, your staff, customers and visitors will not be allowed to smoke any non-designated enclosed areas of your premises.
In terms of the smoking ban, what is meant by wholly or substantially enclosed?
Essentially, wholly or partially enclosed spaces are those areas with a ceiling or roof that - except for doors, windows and passageways - are either wholly enclosed (whether permanently or temporarily); or are enclosed but for an opening which is less than half of the area of its walls.
My workplace has designated or segregated areas for smoking. Is this not enough for the smoking ban?
No, only a complete ban on smoking in enclosed areas will reduce exposure to passive smoking. This means that the provision of smoking rooms inside workplaces is no longer allowed.
My workplace is well-ventilated. Does that not 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 remove toxic carcinogens from the air.
I have a very small business with only a couple of employees who both smoke. Does the ban on smoking in enclosed spaces law still apply to me?
Yes, the law still applies if your workplace is wholly or substantially enclosed.
Does the smoking ban apply to vehicles used for business purposes?
Light goods and heavy goods vehicles and public transportation vehicles (e.g. taxis, buses, trains and ferries) are affected by the ban on smoking. If you use a car (your own or company car) for business purposes, it is exempt unless you are using it as a private taxi.
If I am on my own in a company vehicle, can I smoke?
You cannot smoke in vehicles which one or more persons use for work, even if you are on your own in it at the time.
I lease out self-catering accommodation. Is this affected by the smoking ban legislation?
No, self-catering accommodation would be treated like a private house, and it would be up to you and whoever used it to decide if it should be a smoke-free environment.
Does the smoking ban affect private clubs, for example rugby clubs, snooker clubs, golf clubs, working men's clubs and so on?
Yes. Premises which are being used by and for the purposes of a club or other unincorporated association, and which are wholly or substantially enclosed, are affected by the smoking in enclosed public spaces law. Members and staff of private clubs deserve the same protection from the health effects of second-hand smoke as much as anyone else.
What can I do if someone ignores the ban and smokes on my premises?
You will be expected to take all reasonable measures to ensure that the person stops smoking. If he/she refuses, implement your normal procedure for anti-social/illegal behaviour in the premises. In all cases where physical violence or intimidation is threatened or encountered, seek the assistance of the police.
What are the penalties for those who break the smoking ban?
Those in control of no-smoking premises could be liable to a fixed penalty fine of £200 if they do not take reasonable action to prevent someone smoking on the premises, or if they do not provide adequate No Smoking signs. Individuals who smoke in no-smoking premises will be liable to a fixed penalty fine of £50. Refusal to pay or failure to pay may result in prosecution and a fine of up to £2,500.
If I am caught smoking in an enclosed public space by an enforcement officer, how long do I have before I have to pay the fine?
You will get 29 days from the date the fixed penalty notice (FPN) is issued to pay the full amount, but if you pay within 15 days, you don't have to pay as much.
I work alone in my business premises and don't have any employees. Does the smoking ban apply to me?
Yes, even although you work alone, you are still not allowed to smoke in any enclosed space that a member of the public could enter.
What offences has the smoking ban brought into effect?
The new law bans smoking in no-smoking premises by: creating an offence of permitting others to smoke in no-smoking premises; creating an offence of smoking in no-smoking premises; creating an offence of failing to display warning notices in no-smoking premises; setting out the powers of enforcement officers to enter no-smoking premises; creating an offence of failing without reasonable cause to give ones name and address on request by an enforcement officer
Where am I allowed to smoke?
You are allowed to smoke in: residential accommodation; designated rooms in adult care homes; adult hospices; designated rooms in psychiatric hospitals and units; designated hotel bedrooms; designated detention or interview rooms; designated rooms in offender accommodation premises; offshore installations; private vehicles.
Do I have to provide stub-out bins for people smoking outside my premises?
You are not legally obliged to provide stub-out bins, but Environmental Health would encourage their use because they will prevent litter, and reinforce the message that your premises are no smoking. Please note that in some instances, you will need planning permission if you wish to provide a stub-out bin.
Is it illegal to drop a cigarette butt?
The act of dropping and discarding a cigarette end in a public place is littering and if you are responsible you will be guilty of an offence and liable to pay a £50 fine.
