Smoke-free legislation

How smoke-free legislation affects business premises 

Smoking is illegal in all enclosed and substantially enclosed workplaces and public places. This is set out in smoke-free legislation. 

Smoking is only permitted in outdoor shelters and areas that are not enclosed or substantially enclosed. 

It is an offence to: 

• smoke in smoke-free premises
• permit others to smoke in smoke-free premises
• fail to display at least one warning sign within a smoke-free premises 

Premises affected by smoke-free legislation 

Smoke-free legislation affects premises that are: 

• accessed by the public, such as pubs, clubs, restaurants and cafes
• workplaces
• where volunteering takes place
• used for providing education, health or care services 

This includes shisha lounges. 

Smoking shelters

A smoking shelter must be at least 50% open all of the time. 

Doors, windows and side panels for tent or marquee are classed as part of the wall if they can be shut or rolled down. 

Using rugs, carpets or sheeting to cover up spaces so they are no longer at least 50% open, breaches smoke-free legislation. 

Smoking in vehicles

Smoking is illegal in any vehicle used: 

• for public transport, such as buses, trains and taxis
• as a workplace by more than one person, regardless of whether they’re in the vehicle at the same time  

This protects the public and other workers from the hazards of second-hand smoke. 

A worker can smoke in a company vehicle that only they use if their employer allows it. 

Penalties for smoking in a smoke-free place

Smoking in a smoke-free place can lead to 

• a fixed penalty of £50 (reduced to £30 if paid within 15 days)
• a maximum fine of £200 if convicted by a court 

Failure to prevent smoking in a smoke-free place can lead to: 

• a fine of £2,500 (there’s no fixed penalty option) 

Failure to display a 'no smoking' sign in a smoke-free place can lead to: 

• a fixed penalty of £200 (reduced to £150 if paid within 15 days)
• a maximum fine of £1,000 if convicted by a court 

Premises exempt from smoke-free legislation

A premises is exempt if it’s used as a full-time residence for extended periods. For example: 

• private homes
• adult care homes in private residential spaces
• designated rooms in hotels, hostels and bed and breakfast accommodation if these are where people live 

Enforcing smoke-free legislation

We work closely with businesses to help them comply with smoke-free legislation. 

We also carry out compliance inspections in response to complaints. 

In serious situations and as a last resort, we issue fixed penalty notices or prosecute offenders. 

If you need help to stop smoking

If you stop smoking, it: 

• reduces your risk of serious illnesses, such as heart disease and cancer
• improves your breathing
• improves the appearance of your skin and teeth
• saves you money
• protects the health of those closest to you 

Get help to stop smoking: 

• visit the Live Well Greenwich website
• text QUIT to 60060
• call Live Well Greenwich on 0800 470 4831