Lights Out Time For Work Smoking

Last updated: 02/11/2006 - 12:42

A new guide aims to help employers across Scotland implement the country's impending smoke-free legislation.

Scotland became the first part of the UK to become completely smoke-free in all enclosed public places as of 6am March 26, 2006.

Workplace Ban

The aim of the guide is to make sure every workplace and public place classed as 'no smoking' under the new law is ready when the ban comes into effect.

Launching the guide at First Coast restaurant in Edinburgh, Health Minister Andy Kerr said: "Scotland will become smoke free in enclosed public places from March next year," says Scotland Health Minister Andy Kerr. "Our country's health and productivity will improve and the incidence of smoking-related disease will fall as a result.

"Employers and their staff have a duty to comply with the legislation and we gave a commitment to support employers in doing this.

"We believe that people will comply with the law and that it will be self-enforcing. In Scotland 70% of Scots don't smoke, and of those who do, 70% want to give up. We are confident that, in time, the improvement in public health delivered through this legislation will be regarded as one of the greatest achievements of devolution."

The guidance will be followed up with more specific advice to local authorities, the NHS and other care service providers about the development of no-smoking policies for staff and those who use their services.

Designated Smoking Rooms

This will include those care sector premises exempted under the legislation, who may designate 'smoking rooms'. The aim will be to ensure that no-one is unnecessarily exposed to second-hand smoke. There is no obligation on proprietors exempted under the new law to provide designated areas for smoking. If they do so, they should be working towards a smoke-free policy for the future.

Local Environmental Health Officers (EHOs) will work with employer organisations to support and assist them to comply with the law. They will also enforce the new law and have powers to allocate fixed penalty fines to employers and members of the public who breach the legislation.

The fines are:

  • £200 for permitting others to smoke in no-smoking premises

  • £50 for smoking in no-smoking premises

  • £200 for not conspicuously displaying warning notices in no-smoking premises.


  • Enforcement guidance is being drawn up in conjunction with the Convention Of Scottish Local Authorities(COSLA) the Royal Environmental Health Institute for Scotland (REHIS), the police and Crown Office to try to ensure consistency of approach to enforcement throughout Scotland.

    More information available in Work Environment

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