Find out about smokefree legislation offences and enforcement.
On 1 July 2007, a new law was introduced to make virtually all enclosed public places and workplaces in England smokefree.
Offences
Those who do not comply with the law are liable to a fine or prosecution for the offences of:
Smoking in a smokefree place or vehicle
Failing to display a no smoking sign
Allowing smoking in a smokefree place or vehicle
Penalties and Fines
The amounts for smokefree penalties and fines are:
Smoking in a smokefree premises or vehicle - a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of a notice) or a fine by a court not exceeding level 1 on the standard scale (up to £200)
Failure to display no smoking signs in smokefree premises and vehicles - a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine by a court not exceeding level 3 on the standard scale (up to £1000)
Failing to prevent smoking in a smokefree premises or vehicle - a fine by a court not exceeding level 4 on the standard scale (up to £2500)
Enforcement
The council's Environmental Health commercial and licensing staff enforce the new legislation in Eastbourne.
The introduction of smokefree legislation in other countries has generally been very positive with complaints being received in the first couple of months only.
Most people comply with the legislation and it is anticipated that this will be the case in England as we are generally a law abiding and compliant society.
The council's emphasis is on helping businesses to comply with the law, including ensuring that the new no-smoking signs are displayed.
However, Fixed Penalty Notices and prosecution are an option for businesses who persistently do not comply.
