Smoking ban enforcement

Smokefree Cornwall - A Breath of Fresh Air!

From the 1st July 2007 virtually all enclosed and substantially enclosed public spaces, workplaces and vehicles in England became Smokefree as new regulations came into force to help protect public health. This ensures a healthier environment for everyone to work and relax in, free from the dangers of second-hand smoke.

There are a number of reasons why it is important for substantially enclosed environments to be smokefree:-.

Being exposed to second-hand smoke can increase a non-smoker's risk of getting lung cancer by 24% and the risk of getting heart disease by 25%, as well as being associated with many other medical conditions like respiratory disease and other types of cancer.

There is no risk-free level of exposure to second-hand smoke.

Second-hand smoke is tobacco smoke from other peoples cigarettes and cigars and it contains over 4,000 chemicals in the form of particles and gases - some of these chemicals are dangerous poisons. Second-hand smoke is bad for health - it is known to cause cancer as well as many other serious health problems. Just thirty minutes exposure is enough to reduce coronary blood flow.

The smokefree law applies to anything that can be smoked. This would therefore include cigarettes, pipes (including shisha and hookah pipes), cigars and herbal cigarettes.

Non compliance with the regulations is a criminal offence and could lead to formal action being taken by the Council to enforce the law.

Responsibility for enforcement of the ban rests with Cornwall Council. The focus is on building compliance through awareness-raising, advice and support, with enforcement action being considered only when the seriousness of the situation warrants it. Enforcement visits will be based on risk and, where possible, combined with other regulatory visits to reduce burdens on businesses.

Smokefree offences warranting enforcement action include:

  • Smoking in a Smokefree place
  • Failing to display the required no-smoking signs
  • Failing to prevent smoking in a Smokefree place.

Non-compliance of the Smokefree law is a criminal offence.

Offence

Who is liable?

Fixed penalty notice (paid in 15 days)

Fixed penalty notice (paid in 29 days)

Court awarded fine

Smoking in a Smokefree place

Anyone who smokes in a Smokefree place

£30

£50

Up to £200

Failing to display required no-smoking signs

Anyone who manages or occupies the Smokefree premises or vehicle

£150

£200

Up to £1000

Failing to prevent smoking in a Smokefree place

Anyone who manages or controls the Smokefree premises or vehicle

N/A

N/A

Up to £2500

If someone is smoking in no-smoking premises or a Smokefree vehicle, you should complain in the first instance to the manager or the person in charge of the premises or vehicle.

If you are not satisfied with the outcome, you can contact Cornwall Council’s Environmental Health Department. (Telephone 0300 1234 212 ) or email publicprotection@cornwall.gov.uk.

The Smokefree law:

  • recognises a person's right to be protected from the harm of second-hand smoke and to breathe smokefree air 
  • helps people trying to give up smoking by providing supportive smokefree environments
  • reduces illness and the number of deaths from medical conditions caused by second-hand smoke
  • improves life expectancy because less people will take up smoking in the first place.

Visit the Smokefree England Website  to find out more about Smokefree, the type and size of signage that workplaces, vehicles and public places must display at their premises, advice on providing smoking shelters for smokers, health facts, free downloads and guidance and further help on how to quit smoking.

To learn more about the smokefree laws, please visit the Frequently Asked Questions page at the Smokefree England Website, or alternatively if you would like to speak to someone about your query please telephone 0300 1234 212 or email publicprotection@cornwall.gov.uk.

Cornwall and Isles of Scilly Stop Smoking Service has 120 NHS Stop Smoking Advisors across the county based in Health Centres, GP Practices, Pharmacies, Community Centres and even some Pubs!

For free friendly help and advice on how to stop smoking contact:
Cornwall and Isles of Scilly Stop Smoking Service Tel: 01209 215666

Visit the Smokefree website for more information.

Please contact the Environmental Protection Team for further information and advice on 0300 1234 212 or by e-mail publicprotection@cornwall.gov.uk.