The new "Smoking in Public Places" legislation due to come into force on 1st July and many people are asking many questions...

It is worth noting that the Government have yet to finalise all the details, so the following information is only for guidance.

The Department of Health now have a web site to provide information on the new legislation, www.smokefreeengland.co.uk which includes draft details of the legislation. There is also a helpline number: 0800 169 1697.

Canopies south West will post ongoing updates regarding the legislation and will regularly update this web page with the latest information

Q - Does the new smoking ban apply to my business?

A - All areas which are accessed by the public must be designated as smoke free areas regardless of the type of business you operate.

Q - What is the definition of 'enclosed' and 'substantially enclosed'?

A - Enclosed - Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis. Tents, marquees or similar will also be classified as enclosed premises if they fall within this definition.

Substantially Enclosed - Premises are substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. This is known as the 50% rule. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings that can be open or shut.

A roof includes any fixed or movable structures, such as canvas awnings

Q - I don't employ staff, does it still apply?

A - Yes Q - Some people say that smoking will be banned outdoors, like in the streets outside of pubs. A - Smoke free legislation covers enclosed and substantially enclosed public places and workplaces.

The Health Act 2006 also includes powers to make non-enclosed places smoke free if there is "significant risk that, without designation, persons present there would be exposed to significant quantities of smoke". At present, the Government does not intend to make any non-enclosed place smoke free.

The Government is not taking away people's choice to smoke, but recognises that exposing others to second hand smoke can seriously harm their health.

Q - Why are ventilated smoking rooms not an alternative?

A - Evidence shows that ventilation does not provide a solution to eliminating the health risks associated with second-hand smoke. Scientists have shown that to remove the risks of second-hand smoke, an enclosed premises would need wind tunnel-like rates of ventilation, which would then make smoking nearly impossible.

You can read more about this in the joint 2003 report from the Health and Safety Authority and the Office of Tobacco Control in the Republic of Ireland titled The Health Effects of Environmental Tobacco Smoke in the Workplace

Q - How will smoke free legislation impact on the hospitality industry?

A - There is international evidence from countries that have introduced legislation for smoke free public places and workplaces that the overall impact of smoke free legislation on the hospitality industry is not detrimental. The Department of Health addressed the impacts of smoke free legislation in the Regulatory Impact Assessment that was published within Smoke free Premises and Vehicles: Consultation on proposed regulations to be made under powers in the Health Bill. Q - Has the introduction of smoke free legislation been successful in other countries?

A - Across the world, as the evidence of the risks associated with second-hand smoke exposure has accumulated, action has been taken to reduce people�s exposure to second-hand smoke.

Ireland (2004), Norway (2004), Scotland (2006), New Zealand (2004), Singapore and various Canadian territories and Australian States are examples of places which have introduced comprehensive smoke free legislation (including smoke free pubs, bars and restaurants).