Smoke Free

8. Frequently asked questions

Q1: When did the law come in?
1st July 2007.

Q2: What are businesses required to do?
It is the business owner’s responsibility to ensure a smoke free environment for both their staff and customers. Environmental health officers are tasked with enforcing the law. Any business in breach of the law will face a fine. More information

Q3: Where can people smoke?
Smoking indoors in a workplace environment is illegal. Staff and customers who smoke will be asked to step outside the premises. Clarification is due to come from the government on whether a minimum distance will be specified by law, but it is expected that smoking in doorways will also be prohibited and shelters restricted. More information

Q4: Can I put tables and chairs on the pavement?
Unless you have access to a private forecourt you will need a licence and planning permission from the council to put out tables and chairs. If you do not have a licence you will face a fine. The West End in particular is already overcrowded so we are encouraging businesses such as cafés and bars to plan ahead. If you would like to apply for an outside dining licence contact us on 020 7641 8549. More information

Q5: What should I do if someone smokes on my premises?
If a customer or member of staff smokes on your premises it is your responsibility to ask them to stop. Breaking the law could result in you being fined. More information

Q6: What can I do about noise created by people outside?
You are responsible for managing the noise and behaviour outside your premises. You must also manage the litter outside your premises or you could face a fine and if you are a licensed premises it could result in a review. More information

Q7: What can I do to prevent smokers’ litter?
We recommend that you educate your staff about the consequences for themselves (and the business) of discarding cigarette litter, encourage the use of litter bins available on-street and/or personal ashtrays, and especially that you install dedicated bins wherever feasible. More information

Q8: Can I put ‘mushroom’ space heaters outside?
Unless you have access to a private forecourt you will need a licence and planning permission from the council to put out tables and chairs and heaters. You will also need to undertake a risk assessment. If your building is listed there will be restrictions on fixing space heaters and bins to the wall. If you would like to apply for listed building consent contact us on 020 7641 2513. How to apply for a licence.

Q9: Can I install a shelter for my staff or customers?
Before installing any type of shelter you should speak to our planning department on 020 7641 2513. Most shelters would require planning permission and not all shelters would comply with the law. More information

Q10: Is shisha exempt?
No. Smoking shisha or water pipes indoors is illegal.

Q11: Are members clubs exempt?
There are conditions that must be met for designated accommodation in members clubs. More information