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Term --FCTC-Based Definition England
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

Although “workplace” is not defined in the definition section, Section 2 of the Act substantively covers what is considered a workplace. These substantive provisions align with the FCTC Art. 8 Guidelines definition of workplace, but they could be clarified by explicitly stating that common areas frequented during the course of employment constitute part of the workplace.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The law provides a definition of “vehicle” rather than “public transportation.” The definition of “vehicle” aligns with the definition of “public transportation” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law or regulations. The law’s smoke free measures provide that “premises are smoke free,” rather than prohibiting “second hand smoke.” Therefore, a definition of “second hand smoke” is not necessary for interpretation of the law.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoking” aligns with the definition provided in the FCTC Art. 8 Guidelines and its scope is more comprehensive than the FCTC Art. 8 Guidelines’ definition because it includes any lit substance that can be smoked, even if it is not derived from tobacco.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of “premises open to the public” aligns with the definition of “public place” as provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Not Defined
No
Analysis

Technically, a definition of “tobacco products” is not necessary because the law does not prohibit smoking “tobacco products,” but rather prohibits “smoking tobacco or anything which contains tobacco, or smoking any other substance.”

Therefore, the law aligns with the requirements of the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The regulations provide for a definition of “enclosed premises” and “substantially enclosed premises.” The smoking prohibition applies equally to both types of premises. Together, the definitions of “enclosed” and “substantially enclosed” provide less protection than intended by the FCTC Art. 8 Guidelines because they allow smoking in areas that are 50% enclosed, whereas the FCTC Art. 8 Guidelines call for a prohibition on smoking in areas with one or more walls and a roof. To fully align with the FCTC Art. 8 Guidelines, a definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
England
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that workplaces, including work vehicles, are smoke free at all times. There are a few limited exemptions to the prohibition on smoking in workplaces. Specifically, smoking is permitted in designated rooms in hotels, long term care homes, palliative hospices, prisons, and offshore installations such as oil rigs; and smoking is permitted for sampling cigars or pipe tobacco in specialist tobacco shops. Smoking is permitted in private dwellings used as a workplace for certain types of activities. In addition, the law provides that if only part of the premises is used as a place of work, the premises are smoke free only to that extent. This provision may limit the application of the law and protection against tobacco smoke exposure, depending on the particular premises. Although in practice virtually all workplaces are 100% smoke free, the regulatory status “Smoking is Restricted” is given, rather than “100% Smoke Free” because of the limited exceptions.

As the FCTC Art. 8 Guidelines provide, careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that people are protected from tobacco smoke exposure. To ensure universal protection against tobacco smoke exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Premises that are open to the public are smoke free all the time if they are also workplaces. Because the definition of workplace in the law is broad, public places are also workplaces except in very rare instances. There are a few limited exemptions to the prohibition on smoking in public places, including designated rooms in hotels, long term care homes, and palliative hospices. In addition, smoking is permitted for sampling cigars or pipe tobacco in specialist tobacco shops. In the rare case that a public place is not a workplace, the public place is smoke free only when it is open to the public; and if only partially a public place, smoke free to that extent. Although in practice virtually all public places are 100% smoke free, the regulatory status “Smoking is Restricted” is given, rather than “100% Smoke Free” because of the limited exceptions.

As the FCTC Art. 8 Guidelines provide, careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that people are protected from tobacco smoke exposure. To ensure universal protection against tobacco smoke exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The regulations prohibit smoking in enclosed public transportation vehicles. Although commercial watercraft and aircraft are not within the scope of the smoke free legislation, in practice all airlines prohibit smoking on aircraft and watercraft carriers prohibit smoking in indoor areas of watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Government facilities fall into the category of places that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law provides that indoor workplaces, including work vehicles, are smoke free at all times. There are a few limited exemptions to the prohibition on smoking in workplaces (e.g., hotel guest rooms, long term care homes); however, private offices are not among the exemptions listed. Thus, the law is interpreted as prohibiting smoking in indoor private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Hospitals fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The prohibition on smoking in workplaces and public places does not apply to designated smoking rooms in care homes and hospices providing palliative care. The “designated room” may be a bedroom or a room used only for smoking. There must be a written sign indicating that smoking is allowed in the room. The room must be fully enclosed (except for doors and windows) and separately ventilated, and the door must mechanically close immediately after use.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free, including all public areas of residential care facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Non-residential healthcare facilities fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Childcare facilities and preschools fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in childcare facilities and preschools. However, smoking is allowed in a private dwelling when a worker provides personal care for a person living there.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools. However, as the FCTC Art. 8 Guidelines provide, careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that people are protected from tobacco smoke exposure. Therefore, to ensure universal protection against tobacco smoke exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Primary and secondary schools fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Universities and vocational facilities fall into the categories of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in universities and vocational facilities. However, Section 3 of the Smoke-free (Exemptions and Vehicles) Regulations 2007 allows smoking in “private accommodation,” which is interpreted as applying to non-shared lodging facilities within universities and vocational facilities. Because smoking is allowed in some designated bedrooms in universities/vocational facilities, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all areas of universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Shops fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed as exemptions to the smoking ban. Therefore, smoking is prohibited in shops. However, there is an exemption for special tobacconists, wherein smoking is permitted by persons sampling cigars and pipe tobacco. The sampling room must be completely enclosed, separately ventilated, with a mechanically closing door, and signed as a smoking area. Given the limited exemption, the regulatory status “Smoking is Restricted” is given for shops rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all areas of shops without exception.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Cultural facilities fall into the category of premises that are open to the public and are used as workplaces. Therefore, smoking is prohibited in cultural facilities. The Smoke-free (Exemptions and Vehicles) Regulations provide a very narrow exception that allows a performer to smoke “where the artistic integrity of a performance makes it appropriate for a person who is taking part in that performance to smoke.” Given the very limited exemption that applies to the actor rather than the patrons, which generally ensures that the theater itself is smoke free, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Indoor stadiums and arenas fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in indoor stadium and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Restaurants fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in restaurants. Further, the 2006 Health Act specifically states that no regulations can create an exemption for any place that serves alcohol or is licensed as a club.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Bars, pubs, and nightclubs fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in bars, pubs, and nightclubs. Further, the 2006 Health Act specifically states that no regulations can create an exemption for any place that serves alcohol or is licensed as a club.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Casinos fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in casinos. Further, the 2006 Health Act specifically states that no regulations can create an exemption for any place that serves alcohol or is licensed as a club.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Public areas of hotels and lodging fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in public areas of hotels/lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Not all guest rooms in hotels/lodging are 100% smoke free. Smoking is permitted in designated bedrooms in hotels, guest houses, inns, hostels, or members clubs. There must be a written sign indicating that smoking is allowed in the room. The room must be fully enclosed (except for doors and windows), be separately ventilated, and the door must close mechanically immediately after use. For purposes of this provision, the regulations specifically exclude dormitories or rooms that are shared at the same time from the definition of “bedroom.” Therefore, shared bedrooms are smoke free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including guest rooms in hotels and other lodging, to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Public areas of prisons/detention facilities fall into the categories of premises that open to the public and are used as workplaces. Therefore, the law is interpreted as prohibiting smoking in public areas of prisons.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Trains, buses, and other shared ground transportation are smoke free if they are “enclosed”, i.e., if they are enclosed wholly or partly by a roof and by any door or window that may be opened. For the purposes of public transportation, a vehicle is not enclosed if its “roof” is completely stowed away.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Taxis (for-hire vehicles) are smoke free if they are “enclosed vehicles”, i.e., if they are enclosed wholly or partly by a roof and by any door or window that may be opened. For the purposes of public transportation, a vehicle is not enclosed if its “roof” is completely stowed away.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Commercial aircraft do not come within the scope of the smoke free legislation and are not covered by any specific regulations. However, smoking is banned by the airlines themselves and the Air Navigation Order 2009 prohibits smoking on commercial aircraft where no-smoking notices are displayed.

Although commercial aircraft are de facto smoke free, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking on commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 5 of the Health Act 2006 excludes ships and hovercraft from regulation under the Health Act. However, hovercraft and ferry companies have a policy prohibiting smoking on craft; therefore, there is a de facto ban. See: http://www.hovertravel.co.uk/questions-and-answers.php.

Although there is a de facto ban on smoking in watercraft, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking on passenger commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Public transport facilities fall into the category of premises that are open to the public and that are used as workplaces, and are not specifically mentioned in the exemptions to the smoking ban. Therefore, public transport facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
England
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Not Applicable
Not Applicable
Not Applicable
England
Post signs
Yes
Yes
Analysis

Under the Health Act of 2006, there is a duty on the person who occupies or is concerned in the management of smoke free premises to make sure that no-smoking signs are displayed in those premises. The Smoke-free (Signs) Regulations 2012 require that at least one legible no-smoking sign shall be displayed in a smoke free premises or a smoke free vehicle. The Health Act of 2006 provides that non-compliance with these requirements is subject to a fine. Under the Smoke-free (Penalties and Discounted Amounts) Regulations 2007, the fixed penalty for an alleged offense relating to the display of no-smoking signs is £200 and the discounted amount £150.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require that the legislation should specify fines or other monetary penalties for violation, and that such penalties should be sufficiently large to deter violations.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

There is a duty on any person who controls or is concerned in the management of smoke free premises to cause a person smoking there to stop smoking. A person guilty of an offense under this section is liable on summary conviction to a fine. The maximum fine for such violation is £2,500.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it specifies fines or other monetary penalties for violations and the penalties are sufficiently large to deter violations.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The Health Act 2006 provides that a person guilty of smoking in a smoke free place is liable on summary conviction to a fine. Under the Smoke-free (Penalties and Discounted Amounts) Regulations 2007, the fixed penalty for an offense of smoking in a smoke free place is £50 and the discounted amount £30.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for fines or other monetary penalties for violation that are sufficiently large to deter violations.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
England
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable