Smoke-free Wandsworth

There are a number of actions that you as an owner/manager of a business must do. You should consider the following issues:

1. 'No-Smoking' signs
2. Implementing a smoke-free policy
3. Smoking outdoors
4. What action to take if a person smokes in your premises

1. 'No-Smoking' signs

All Smoke-free premises must display no-smoking signs.

At each entrance to a smoke-free premise you must display at least one sign in a prominent position that is A5 in size and displays the 'no-smoking' symbol of at least 70mm in diameter. It must also contain the words: "No smoking. It is against the law to smoke in these premises."

The only words that you may change are "these premises". You may substitute these with words that refer to the particular smoke-free premise, such as "this hotel".

In addition, you must also display the 'no-smoking symbol' of at least 70mm in diameter in the following locations: at an entrance to a smoke-free premise from another smoke-free premise e.g. a retail unit within a shopping centre, or at an entrance for employees, where the premises have another entrance displaying the A5 sign.

Signs in vehicles
Any person who has the responsibility for vehicles e.g. Fleet Managers, must also ensure that the no-smoking symbol of at least 70mm in diameter, is also displayed in the compartment of a vehicle which is used to transport people.

2. Implementing a smoke-free policy

Any person in charge of a smoke-free premise has a legal responsibility to prevent any person from smoking within their premise. This includes members of the public, employees, contractors and customers.

It is recommended that owners and managers implement a written policy and procedures as proof that they have taken steps to ensure that they comply with the law. Any written policies and procedures may be helpful in proving that you have taken all necessary steps to ensure that you comply with the smoke-free regulations.

A sample policy has been included in the Department of Health's guide sent to all business or alternatively one is available to download from www.smokefreeengland.co.uk. Either of these can be adapted to suit your own requirements.

All of your employees and contractors should be made aware that the premise is smoke-free and that a policy exists. Your staff may also need to be trained in your company policy for example what they should do if some one tries to smoke on the premises and where they might direct someone if asked where they can go to smoke.

The regulations also apply to your employees and they will not be able to smoke anywhere indoors as designated smoking rooms will be banned. You may wish to consider whether or not to allow "smoking breaks" and where smokers can go to smoke whilst at lunch or on a break.

Staff will no longer be able to smoke in company vehicles such as delivery vans and works vehicles as these also have to be smoke free.

3. Smoking outdoors and its consequences

It is worth considering what provision you want to make for smokers visiting your business.
Some premises such as cafes and pubs will have gardens and tables on the street where smoking will be permitted.

• Would you designate all these tables for smokers?
• Where will smokers go once the garden is closed in the evening?
• If you have a no readmissions policy or are banned from using your garden at night, how will this affect smokers who leave to have a cigarette on the street?
• You may have to consider applying to amend or vary your license so that smokers are able to go outside to smoke.

For further information on Licensing issues telephone on 0208 871 6160.

Where smokers gather on the pavement outside your premises you will need to consider providing butt bins and sweeping up at the front of your premises to avoid the build up of cigarette litter. We can provide butt bins and will empty them when cleansing the street, provided that they face the street and are of a type approved by us. A charge will apply for supplying the butt bin. If existing sweeping does not keep smokers' litter under control, we will request the premise to tidy up. If the situation then fails to improve, you may receive a Street Cleansing Notice.

Where smokers are standing outside your premise it is anticipated that there could be an increase in the noise levels generated by these people and the smell of smoke can affect residential premises above. You will need to monitor the nuisance that may be generated to avoid complaints being made against you.

For further information on noise nuisances please telephone Paul Foster on 020 8871 7950 or email pfoster@wandsworth.gov.uk

Cafés and Pubs may decide to provide smoking shelters, although there is no legal requirement for owners, managers or any business to provide one.

Any smoking shelter would need to be at least 50% open to the air, so as not to be classed as "enclosed" and caught by the regulations. There are various designs available including marquee styles and bus shelters.

If you do decide to construct a shelter, you must ensure that its location will not cause smoke or noise nuisance to local residents, or that it does not block access routes of emergency exits. All shelters that are not easily demountable are likely to need planning permission.

For Planning Services please phone 0208 871 6636 or visit the Planning Service

4. What action to take if a person smokes in a Smoke-free premise

People who are in charge of a smoke-free premise have a legal responsibility to prevent people from smoking in their premise and should make all reasonable efforts to ensure that no person smokes in a smoke free premise. It is recommended that you introduce a policy of what action you would take should this happen.

If someone is found smoking consider the following points:

• draw the attention of the person smoking to the no-smoking signs in the area and inform them that they are committing an offence by smoking
• politely ask them to stop smoking or direct them to the place that they are permitted to smoke
• if the person continues smoking, refuse them service and ask them to leave the premises
• if they refuse, implement procedures for dealing with anti-social behaviour
• if physical violence is threatened, call for assistance from the police, do not put yourself or staff in a dangerous situation
• maintain a written record of all such incidents and the outcome