Law and SmokeFree Workplaces

The smokefree law has been introduced to protect employees and the public from the harmful effects of secondhand smoke.

Key points are:

• On July 1st 2007, the smokefree law was introduced. It is now 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 must be smokefree at all times.
• No-smoking signs must be displayed in all smokefree premises and vehicles.
• Staff smoking rooms and indoor smoking areas are no longer allowed, so anyone who wants to smoke has to go outside.
• Managers of smokefree premises and vehicles 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

Liverpool City Council is responsible for enforcing the new law in the city. If you don't comply with the 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.

If someone is smoking in a smokefree place or vehicle, you should alert the manager or the person in charge of the premises or vehicle in the first instance.??Alternatively you can contact the city council or phone the Smokefree Compliance Line on 0800 587 1667 to make a report. This information will be passed to the local authority to follow up.