Smoke free Southampton
Smoking in public places
From July 1 2007, virtually all enclosed public places and workplaces in England became smokefree. A smoke free Southampton ensures a healthier environment, so everyone can socialise, relax, travel, shop and work free from secondhand smoke.
Why was the law being introduced?
In 2004 government highlighted that people wanted to make healthier and more informed lifestyle choices. The government therefore set out a clear plan to restrict smoking and reduce its effects on people’s health. The Health Act, or 'smokefree legislation', introduced in 2007 made almost all enclosed public places and workplaces smokefree.
The Smoke free law:
• recognises a person's right to be protected from the harm of secondhand smoke and to breathe smokefree air;
• helps people trying to give up smoking by providing supportive smokefree environments;
• reduces illness and the number of deaths from medical conditions caused by secondhand smoke;
• improves life expectancy because less people will take up smoking in the first place.
Smoking is illegal within public places and workplaces, if they are partly or completely enclosed. The law affects most public premises, including workplaces and work vehicles, and applies to staff, customers and visitors. Failure to comply with the law is an offence:
• if a business fails to display a no-smoking signs in premises covered by the law they could receive a fixed penalty of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine of up to £1,000 if taken to court;
• if someone is found smoking in a smoke-free place they may get a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of a notice) or a fine of up to £200 if taken to court;
• if a business fails to prevent smoking in a smokefree place or vehicle they could get fined up to £2,500 if they are taken to court.
Smoking ban - frequently asked questions:
What is the smoking ban?
The ban means that smoking is not allowed in enclosed public places. The law covers most public premises, including restaurants, pubs, bars, private clubs, shops, cinemas, shopping centres, leisure centres, workplaces and public transport. Work vehicles used by more than one person are also affected, but the ban does not apply to private vehicles.
What is the reason for the ban?
The law aims to protect workers and the general public from the harmful effects of second-hand smoke. Exposure to second-hand smoke increases the risk of lung cancer and heart disease in adult non-smokers by around 25 per cent - it also causes respiratory disease and asthma in non-smoking adults and children. Second-hand smoke is a serious public health risk.
Where can't people smoke?
It is illegal to smoke in most indoor places other than private homes. This includes almost all workplaces, (including work vehicles). Designated smoking rooms or areas at work are no longer allowed. All public premises which are smoke-free must display a no smoking sign.
Who enforces the law?
The council enforces the smoke-free legislation. Action will be taken against people who have committed an offence under the legislation. Individuals may be fined a fixed penalty of £50 for smoking in smoke-free premises or, if the case is prosecuted and they are convicted, fined up to £200.
The manager or person in control of any smoke-free premises could receive a fixed penalty fine of £200 for failing to display no smoking signs, and up to £2,500 for failing to stop someone from smoking in smoke-free premises.
Where can I get help on giving up smoking?
Help can be found by contacting Southampton City Quitters. Quitters will support you through every step of quitting, from day 1, until you have quit! Contact can be made by calling 023 8051 5221 or clicking on the link to Quitters.
What's being done about smoking-related litter?
Discarded cigarette butts, packets and matches are litter. Smokers are responsible for the disposal of their litter - anyone dropping a cigarette butt can be issued with a £75 fixed penalty notice. If premises provide a constant cigarette litter problem, they will be issued a Street Litter Control Notice to prevent or remove litter in the street. The council is encouraging businesses to provide ashtrays or cigarette bins outside their premises for smokers to use.
Where can I find out more?
For general advice on the smoking ban, click on the links on the right of this page.
Last updated: 7 February 2008

