Last updated: December 6, 2021
Duties / Penalties
Post signs
Under the Smoking, Health and Social Care Act 2005, the person having management or control of the premises has a duty to display visible and legible signs stating smoking is prohibited and that it is an offense to smoke on such premises. The 2006 Regulations provide that no smoking notices shall be a minimum size of 230 mm by 160 mm and that the international “no smoking” symbol shall be at least 85 mm in diameter. The sign shall also display the name of the person to whom a complaint may be made but does not have to provide a phone number or another way to contact the person to whom the complaint may be made.
Section 4 of the 2006 Regulations provides that a violation of the duty to post signs is subject to a fine of £200, or £150 if the fine is paid within 15 days.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for the duty to post signs.
Remove ashtrays
The law does not expressly impose a duty upon business owners, employers, and supervisors to remove ashtrays from the premises. However, the Enforcement Protocol states that “ashtrays and other such receptacles should not be present in no smoking premises”. Although it is mentioned in the Enforcement Protocol, which is not a legally binding document, the law would more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines if the law itself explicitly mentioned the duty to remove ashtrays.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Under the Smoking, Health and Social Care (Scotland) Act 2005, a person managing or having control of a no- smoking premises that knowingly permits a person to smoke there commits an offense. Section 4 of the 2006 Regulations provides that a violation of this duty is subject to a fine of £200, or £150 if the fine is paid within 15 days.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for a violation of the duty to enforce.
Not to smoke where prohibited
The Smoking, Health and Social Care (Scotland) Act 2005 provides that a person who smokes in no-smoking premises commits an offense. Section 4 of the 2006 Regulations provides that a violation of this duty is subject to a fine of £50, or £30 if the fine is paid within 15 days.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for smokers.
