Smoke free legislation
Virtually all enclosed public places and workplaces in England are required to be smoke free. A smoke free England ensures a healthier environment, so everyone can socialise, relax, travel, shop and work free from secondhand smoke.
The key points of the legislation are:
- Public transport and work vehicles used by more than one person will also need to be smoke free.
- No-smoking signs will have to be displayed in all smoke free premises and vehicles.
- Staff smoking rooms and indoor smoking areas will no longer be allowed, so anyone who wants to smoke will have to go outside.
- Managers of smoke free premises and vehicles will 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.
What are the penalties for breaking the smoke free law?
If you don't comply with the smoke free law, you will be committing a criminal offence. The fixed penalty notices and maximum fine for each offence are:
- Smoking in smoke free 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 smoke free premises or vehicle. Or a maximum fine of £1000 if prosecuted and convicted by a court.
- Failing to prevent smoking in a smoke free place: a maximum fine of £2500 imposed on whoever manages or controls the smoke free premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty notice for this offence.
What does the legislation mean for me?
Find out how the legislation affects you with the following downloads:
Are there any exemptions to the legislation?
Yes. See our exemptions page for further information.
Sources of further information
NHS Smokefree website - for help giving up smoking.
Smokefree England - for more detailed information on the smokefree regulations.
How do I make a complaint?
If you would like to make a complaint about non-compliance with the smoke free regulations you can do so using our online form.