Environmental Health

Ban on Smoking in Public Places

The ban on smoking starts on 26th March 2006The ban on smoking in public places including the work place takes effect from 26th March 2006. The law is being introduced to save lives and prevent illness caused by second hand smoke.

This page is designed to help you establish whether you are ready for the ban and explain how Shetland Islands Council can help you comply with the new law.

What are your responsibilities?

The new law will affect enclosed or substantially enclosed public places and premises including the work place which will be designated "No Smoking Premises". Works vehicles will also be included.

From 6am on 26th March 2006 you, your staff, customers and visitors will not be 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 new law.

Are You Ready?

Businesses should take steps now in preparation for the introduction of the smoking ban.

  • Brief staff on your No Smoking policy
  • Clearly state your policy in writing and display it
  • Prepare visitors and customers

From 6am on 26th March 2006

  • Display No Smoking signs prominently on your premises
  • Remove all ashtrays
  • Advise those who break the law to extinguish their cigarettes or leave
  • Refuse service to those who fail to comply

If threatened seek the assistance of the police - do not put yourself in danger.

How can we help?

Shetland islands Council is fully committed to the smoking ban and has responsibility for supervising its introduction. We can offer advice, assistance and support to organisations to aid them in implementing the No Smoking legislation.

The law will be enforced by officers authorised by the Council and they will have powers to enter "No Smoking Premises" to determine compliance with the No Smoking laws.

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