Last updated: December 3, 2021
Duties / Penalties
Post signs
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.
Remove ashtrays
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.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
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 to smoke where prohibited
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.
