What happens if an employer does not comply with the smoking ban?
Under the Smoke-free (Penalties and Discounted Amounts) Regulations 2007, the following fines will be imposed: Non- display of no-smoking signs – up to £1000. Failure to prevent smoking in a smoke-free place – up to £2500 Different rates apply if the fixed penalty procedure is used. What if employees smoke in a smoke-free area? They could be fined up to £200. Breaking the law can also be treated as an act of gross misconduct within the employer’s disciplinary policy. What if clients or visitors to the company’s premises breach the smoking ban? The company has an obligation to police the smoking ban or risk committing a criminal offence. Visitors and clients should be asked to respect the “No Smoking” sign or, where appropriate be directed to a “smoking shelter”. Who else is going to police the ban? The Smoke-free (Premises and Enforcement) Regulations 2006 provides a list of designated enforcement authorities. These include a unitary authority, district council and London Borough Counc
