Health and safety at work
The smoke-free workplace, accidents in the workplace, cooling towers.
Smoke-free businesses
Nearly all workplaces, public places and vehicles in England must legally be smoke-free.
There are a few exceptions, including:
- designated bedrooms in hotels
- specified areas of other residential accommodation, such as prisons and care homes
The law for businesses and employers
Employers, managers and those in charge of smoke-free premises and vehicles are required to:
- display the prescribed no smoking signs
- take reasonable steps to make sure that no one smokes in smoke-free premises
Go to smoking at work: the law – GOV.UK.
Smoking shelters
As a business you do not have to provide outdoor smoking areas or shelters. However, if you wish to do so, please consider:
- that the shelter or outdoor area is not enclosed or substantially enclosed
- whether planning consent is required
- whether there are conditions affecting use of outdoor areas if your premises are licensed
- the potential noise impact caused by people congregating outside to smoke, particularly if the premises are open late at night or early morning
- steps to minimise litter problems caused by cigarette ends
Report smoking at work
To report anyone breaking the law, please contact us:
Email: environmental.health@woking.gov.uk
Telephone: 01483 755 855
How we enforce the law
There are 4 offences which may incur a fixed penalty notice (FPN) or a court fine.
Smoking in a smoke-free place
This offence incurs a £50 fixed penalty notice fine. This will be reduced to £30 if paid in 15 days, or a maximum fine of £200 if prosecuted and convicted by a court.
Failure to display the correct 'No Smoking' signs.
This offence incurs a £200 fixed penalty notice fine. This will be reduced to £150 if paid in 15 days, or a maximum fine of £1,000 if prosecuted and convicted by a court.
Failure to prevent smoking in a smoke-free premises or area smoking
This offence incurs a maximum fine of £2,500. It is imposed on whoever manages or controls the smoke-free premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty fine for this offence.
Obstructing an authorised officer
This offence incurs a maximum fine of £1,000, awarded by the courts.