Smoking in public places

The Environmental Health Service enforces the legislation regarding the prohibition of smoking in public places, workplaces and vehicles, excluding domestic tenement communal areas.

Environmental health staff include this task whilst carrying out routine inspections of premises.

Officers will also operate in partnership with representatives from other agencies where a multi-agency operation is planned.

Background

The ban on smoking in public places including the work place came into effect on 26th March 2006.

The law was introduced to save lives and prevent illness caused by second hand smoke.

This page is designed to explain how East Lothian Council can help you comply with the law.

What are your responsibilities?

The law affects enclosed or substantially enclosed public places and premises including the work place which are designated "No Smoking Premises". Works vehicles are also included. You, your staff, customers and visitors are not allowed to smoke within your premises or vehicles. This includes previously designated smoking rooms.

What are the penalties?

The manager or person in control of "No Smoking Premises" could face a fixed penalty fine of £200 for either:

  • Allowing others to smoke in No Smoking Premises including vehicles
  • Failing to display warning notices in No Smoking Premises including vehicles

Refusing to pay or failing to pay may result in a prosecution and a fine of up to £2,500.

Individuals could face a fixed penalty fine of £50 for:

  • Smoking in "No Smoking Premises"

Refusing to pay or failing to pay may result in a prosecution and a fine of up to £1,000.

Licensees could put their license at risk by not complying with the law.