Authorised staff of Environmental Standards have the power to enter all 'no smoking premises' to ensure compliance with the law and issue fixed penalty notices to businesses or individuals where they believe an offence is or has been committed.

The action of Smoking in Dumfries and Galloway and the rest of Scotland is now subject to the Smoking, Health and Social Care (Scotland) Act 2005.

This Act came into effect on the 26th March 2006 at 0600 hours. The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006, contains the list of premises and exemptions, together with details of the signage requirements and offences.

For further information in the meantime please see the Clearing the Air Scotland.

Or if you want to discuss the new law and its impact further, please contact Environmental Standards.

The Smoking, Health and Social Care (Scotland) Act 2005, expands the provision in The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006. These regulation list the 23 premise types to which the legislation will apply and the 10 exemptions.

These are outlined as follows :

SCHEDULE 1 Regulation 3(1)                            NO-SMOKING PREMISES

1. Restaurants.
2. Bars and public houses.
3. Shops and shopping centres.
4. Hotels.
5. Libraries, archives, museums and galleries.
6. Cinemas, concert halls, theatres, bingo halls, gaming and amusement arcades, casinos, dance halls, discotheques and other premises used for the entertainment of members of the public.
7. Premises used as a broadcasting studio or film studio or for the recording of a performance with a view to its use in a programme service or in a film intended for public exhibition.
8. Halls and any other premises used for the assembly of members of the public for social or recreational purposes.
9. Conference centres, public halls and exhibition halls.
10. Public toilets.
11. Club premises.
12. Offices, factories and other premises that are non-domestic premises in which one or more persons work.
13. Offshore installations.
14. Educational institution premises.
15. Premises providing care home services, sheltered housing or secure accommodation services and premises that are non-domestic premises which provide offender accommodation services.
16. Hospitals, hospices, psychiatric hospitals, psychiatric units and health care premises.
17. Crèches, day nurseries, day centres and other premises used for the day care of children or adults.
18. Premises used for, or in connection with, public worship or religious instruction, or the social or recreational activities of a religious body.
19. Sports centres.
20. Airport passenger terminals and any other public transportation facilities.
21. Public transportation vehicles.
22. Vehicles which one or more persons use for work.
23. Public telephone kiosks.

SCHEDULE 2 Regulation 3(2)            EXEMPTIONS

1. Residential accommodation.
2. Designated rooms in adult care homes.
3. Adult hospices.
4. Designated rooms in psychiatric hospitals and psychiatric units.
5. Designated hotel bedrooms.
6. Detention or interview rooms which are designated rooms.
7. Designated rooms in offshore installations.
8. Private vehicles.
9. Designated laboratory rooms.
10. HM submarines and ships of the Royal Fleet Auxillary.

For further details on the ACT and Regulations please refer to the Clearing the Air Scotland.

What characteristics does a designated smoking room have?
A designated smoking room is a room where smoking is permitted, that has a ceiling a ventilation system that does not ventilate into any other part of the building, is clearly marked as a smoking room and except for doors and windows in completely enclosed on all sides.

What is a 'designated smoking room'?
A designated smoking room is a room where you are legally allowed to smoke.

What kinds of places are covered by the smoking ban?
The ban covers all enclosed public spaces. This includes places of work, education, health care services and private clubs. Vehicles including buses, taxis, company cars, ferries and trains are also covered by the ban.

What types of premises have been allowed designated smoking rooms?
Designated smoking rooms are allowed in adult care homes, psychiatric facilities, hotels, detention facilities, and offshore installations.

Who enforces the smoking ban?
Environmental Health Officers have the power to enter all no smoking premises to ensure that the smoking ban is being upheld and issue fixed penalty notices to anyone who is committing, or has committed an offence.

How does the smoking ban affect my business premises?
The law requires enclosed public places, including workplaces, to be smoke-free.

This means that you, your staff, customers and visitors will not be allowed to smoke in any non-designated
My workplace has designated or segregated areas for smoking. Is this not enough for the smoking ban?
No, only a complete ban on smoking in enclosed areas will reduce exposure to passive smoking. This means that the provision of smoking rooms inside workplaces is no longer allowed.

My workplace is well-ventilated. Does that not provide protection from passive smoking?
No. There is no safe level of exposure to second-hand smoke. Ventilation systems improve comfort by removing the smell and visibility of the smoke. They do not remove toxic carcinogens from the air.

I have a very small business with only a couple of employees who both smoke. Does the ban on smoking in enclosed spaces law still apply to me?
Yes, the law still applies if your workplace is wholly or substantially enclosed.

Does the smoking ban apply to vehicles used for business purposes?
Light goods and heavy goods vehicles and public transportation vehicles (e.g. taxis, buses, trains and ferries) are affected by the ban on smoking. If you use a car (your own or company car) for business purposes, it is exempt unless you are using it as a private taxi.

If I am on my own in a company vehicle, can I smoke?
You cannot smoke in vehicles which one or more persons use for work, even if you are on your own in it at the time.

I lease out self-catering accommodation. Is this affected by the smoking ban legislation?
No, self-catering accommodation would be treated like a private house, and it would be up to you and whoever used it to decide if it should be a smoke-free environment.

Does the smoking ban affect private clubs, for example rugby clubs, snooker clubs, golf clubs, working men's clubs and so on?
Yes. Premises which are being used by and for the purposes of a club or other unincorporated association, and which are wholly or substantially enclosed, are affected by the smoking in enclosed public spaces law.

What can I do if someone ignores the ban and smokes on my premises?
You will be expected to take all reasonable measures to ensure that the person stops smoking. If he/she refuses, implement your normal procedure for anti-social/illegal behaviour in the premises. In all cases where physical violence or intimidation is threatened or encountered, seek the assistance of the police.

What are the penalties for those who break the smoking ban?
Those in control of no-smoking premises could be liable to a fixed penalty fine of £200 if they do not take reasonable action to prevent someone smoking on the premises, or if they do not provide adequate No Smoking signs. Individuals who smoke in no-smoking premises will be liable to a fixed penalty fine of £50. Refusal to pay or failure to pay may result in prosecution and a fine of up to £2,500.

If I am caught smoking in an enclosed public space by an enforcement officer, how long do I have before I have to pay the fine?
You will get 29 days from the date the fixed penalty notice (FPN) is issued to pay the full amount, but if you pay within 15 days, you don't have to pay as much.

I work alone in my business premises and don't have any employees. Does the smoking ban apply to me?
Yes, even although you work alone, you are still not allowed to smoke in any enclosed space that a member of the public could enter.

What offences has the smoking ban brought into effect?
The new law bans smoking in no-smoking premises by, creating an offence of permitting others to smoke in no-smoking premises; creating an offence of smoking in no-smoking premises; creating an offence of failing to display warning notices in no-smoking premises; setting out the powers of enforcement officers to enter no-smoking premises; creating an offence of failing without reasonable cause to give ones name and address on request by an enforcement officer

Where am I allowed to smoke?
You are allowed to smoke in: residential accommodation; designated rooms in adult care homes; adult hospices; designated rooms in psychiatric hospitals and units; designated hotel bedrooms; designated detention or interview rooms; designated rooms in offender accommodation premises; offshore installations; private vehicles.

What am I legally required to have as signage in no-smoking premises?
You must display at least one no-smoking sign, which must be a minimum size of 230mm by 160mm and display the international no smoking symbol. It must also display the name of the person to whom a complaint may be made and state that a complaint can be so made. This sign must be clearly displayed and be displayed in such a way that it is protected from tampering, damage, removal or concealment.

What do I have to do to make sure my business complies with the smoking ban?

• Display the required 'No Smoking' signs in such a way as to make staff,
• customers and visitors aware that they must comply with the law;remove all ashtrays;
• develop and implement a smoke-free policy with staff to ensure that infringements by employees, customers, members, and so on are dealt with under agreed procedures;
• inform anyone smoking that he/she is committing an offence;
• request that they extinguish their smoking material immediately or leave;
• refuse service to individuals who are smoking against the law (if your business provides a service for customers or members).