Smoking ban

It is an offence to smoke in an enclosed public space, business premise or business vehicle

The definition of an enclosed public space is any area usable by the general public that is substantially enclosed or appears to be substantially enclosed by more than 50% and has a roof.

Some examples of a business premise are:

  • Schools
  • Hospitals
  • Restaurants/Pubs/Clubs
  • Shops
  • Offices/Factories/Warehouses
  • Cinemas/Leisure Facilities
  • Taxi Office

 

Examples of a business vehicle are:

  • Buses/Taxis
  • Private Trade Vehicle
  • Company Vehicle

 

These types of no smoking premises all fall into one of the following four broad categories of premise, namely which:

  • the public or a section of the public has access
  • are being used wholly or mainly as a place of work by persons who are employees
  • are being used by and for the purposes of a club or other unincorporated association or
  • are being used wholly or mainly for the provision of education, health or care services

 

The smoking ban legislation also provides protection for main entrances and exits from the above premises. Standing close by or in doorways is also an offence for which you can be prosecuted by way of Fixed Penalty Notice.

 

Who enforces the law in Fife?

Enforcement Officers, who are based within Protective Services, and have the power to enter all no smoking premises to ensure the law is being complied with. They can issue fixed penalty notices to anyone who is committing, or has committed, an offence.

 

What are the penalties for breaking the law?

There are 3 offences which can be disposed of by way of Fixed Penalty Notice, These are:

1. Individuals who smoke in no smoking premises could face a fixed penalty notice fine of £50.

  • Refusal to pay or failure to pay could result in prosecution and a fine up to £1,000.

Those in control of no smoking premises could be fined a fixed penalty notice either for:

2. Allowing people to smoke in their premises or,

3. Failing to display warning notices (‘No Smoking’ sign).

  • Refusal to pay or failure to pay could result in prosecution and a fine of up to £2,500.

 

Are there any exemptions to the law?

Only a few exemptions to the law have been made, mainly on humanitarian grounds. The exemptions are:

  • residential accommodation
  • designated rooms in adult care homes
  • adult hospices
  • designated rooms in psychiatric hospitals and units
  • designated detention or interview rooms
  • designated rooms in offender accommodation premises
  • private vehicles

 

If you need further information or advice, contact us on the details below.

Information for Tobacco Retailers.

 


For more information contact

Under Age Sales & Smoking Ban Enquiries
Tel: 01592 583141 Contact Under Age Sales & Smoking Ban Enquiries online
By Post: Kingdom House Kingdom Avenue Glenrothes Fife KY7 5LY
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