Smokefree Somerset - enforcement issues

The legislation needs to be enforced.

Frequently asked questions

1. Who enforces smokefree regulations?
2. What is the Government's attitude towards the enforcement of smokefree legislation?
3. What are the penalty amounts?
4. Fines are all very well, but if the publican of my local persistently fails to provide a smokefree environment, shouldn't they lose their licence?

Answers

1. Who enforces smokefree regulations?

Smokefree legislation is enforced by local authorities, within the areas for which they have responsibilities.
An enforcement policy is still be adopted by the council.

2. What is the Government's attitude towards the enforcement of smokefree legislation?

The Government's intention is to create a supportive environment where people are encouraged to comply with the law. Experience in other countries that have implemented smokefree legislation shows that compliance builds very quickly after implementation.

The approach to enforcement is non-confrontational, focused on raising awareness and understanding to ensure compliance, and enforcement officers work closely with local businesses to build compliance through education, advice and support. Enforcement action will only be considered only when efforts to encourage compliance have failed.

Funding has been provided to local authorities to support them in their enforcement roles.

3. What are the penalty amounts?

The Government has set the following penalties and fines for the smokefree offences set out in the Health Act 2006:

• 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 not exceeding level 1 on the standard scale (up to £200)
• Failure to display no smoking signs in smokefree premises and vehicles as required by smokefree legislation: a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine not exceeding level 3 on the standard scale (up to£1000)
• Failing to prevent smoking in a smokefree premises or vehicle: a fine not exceeding level 4 on the standard scale (up to £2500)
  

4. Fines are all very well, but if the publican of my local persistently fails to provide a smokefree environment, shouldn't they lose their licence?

There is no provision in smokefree legislation for smokefree offences to result in a review of a pub's licence. We believe the penalties are a sufficient deterrent, and the Government expect that pubs and other hospitality venues will want to comply with the legislation to make their premises a better and more healthy place to visit and work.

Related links

External links

Health Act 2006
Smokefree England