From the 1st July 2007
England will see a new legislation that effectively
bans smoking in public enclosed spaces, including
nightclubs. And if you’re caught sparking
up on the dance-floor it could cost you £50
and the venues management £2500. Many
clubbers though may be more frustrated that
the ban does not include the use of dry-ice
smoke-machines by over-zealous club technicians
hell-bent on turning dance-floors in to smog
zones.
That aside, many do welcome
the new law even if a fair few smokers are
less than enthusiastic about the changes.
Here, we’ve put together a quick guide
on what the new law will cover.
• From 1 July 2007
it will be against the law to smoke in virtually
all enclosed and substantially enclosed public
places and workplaces. See below for definitions.
• Public transport and work vehicles
used by more than one person will also need
to be smokefree.
• No-smoking signs will have to be displayed
in all smokefree premises and vehicles.
• Staff smoking rooms and indoor smoking
areas will no longer be allowed, so anyone
who wants to smoke will have to go outside.
• Managers of smokefree premises and
vehicles will have legal responsibilities
to prevent people from smoking.
• If you are uncertain where you can
or can't smoke, just look for the no-smoking
signs or ask someone in charge.
Penalties and fines for
breaking the smokefree law
If you don't comply with the new smokefree
law, you will be committing a criminal offence.
The fixed penalty notices and maximum fine
for each offence are:
• Smoking in smokefree premises or work
vehicles: a fixed penalty notice of £50
(reduced to £30 if paid in 15 days)
imposed on the person smoking. Or a maximum
fine of £200 if prosecuted and convicted
by a court.
• Failure to display no-smoking signs:
a fixed penalty notice of £200 (reduced
to £150 if paid in 15 days) imposed
on whoever manages or occupies the smokefree
premises or vehicle. Or a maximum fine of
£1000 if prosecuted and convicted by
a court.
• Failing to prevent smoking in a smokefree
place: a maximum fine of £2500 imposed
on whoever manages or controls the smokefree
premises or vehicle if prosecuted and convicted
by a court. There is no fixed penalty notice
for this offence.
Local councils will be responsible for enforcing
the new law in England.
A telephone line (0800 587 166 7) will also
be in operation from 1 July 2007 to enable
members of the public to report possible breaches
of the law. This information will be passed
to local councils to follow-up as appropriate.
Definition of enclosed
and substantially enclosed

Premises will be considered
'enclosed' if they have a ceiling or roof
and (except for doors, windows or passageways)
are wholly enclosed either on a permanent
or temporary basis.
Premises will be considered
'substantially enclosed' if they have a ceiling
or roof, but have an opening in the walls,
which is less than half the total area of
the walls. The area of the opening does not
include doors, windows or any other fittings
that can be opened or shut.
For more information,
go to http://www.smokefreeengland.co.uk/
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