Smoke free Preston
Preston is a smoke free City, which means that the buildings in which people work, relax and socialise are free of smoke caused by tobacco.
The primary aim of the legislation is to protect workers and the general public from exposure to the harmful effects of second hand smoke.
How to report a smoke free matter
To report an issue relating to smoke free environments please complete the online form.
Pay a fixed penalty notice fine
To pay a fixed penalty notice fine please complete the online form.
About the smoke free law
Smoking is prohibited in all enclosed or substantially enclosed public places and workplaces by making it an offence to:
- smoke in smokefree premises
- permit others to smoke in smokefree premises
- fail to display warning notices in smokefree premises
Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are totally enclosed, whether on a permanent or temporary basis.
Which premises are affected?
Smokefree legislation applies to the following premises:
- the public has access to, for example pubs, shopping centres, restaurants, cafes
- places of work
- providing education, health or care services
'Work' also covers voluntary work, so if a community hall holds an event staffed by volunteers, it would have to be smokefree. If the public attended, it would be both a workplace and a public place.
What about vehicles?
All vehicles used for public transport, for example buses, trains and taxis, are affected by the law and need to always be smokefree, even when they are being used for private purposes.
Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it will be required to be smokefree at all times.
What about private vehicles?
You can Smoke in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger. However it is against the law for anyone to smoke in any private vehicle if children, under 18 years are present.
For more details download.
What are the penalties?
A Fixed Penalty Notice of £50 may be served on the person smoking in a smokefree premises or work vehicle.
If they have been issued with a fixed penalty previously, or fail to pay then a fine of up to £200 and a criminal record in court will apply.
Failure to display no-smoking signs is a Fixed Penalty Notice of £200 imposed on whoever manages or occupies the smokefree premises or vehicle, or a fine of £1000 if prosecuted and convicted in court.
Failing to prevent smoking in a smokefree place is a maximum fine of £2500 and can be imposed in court on whoever manages or controls the smokefree building or vehicle.
Are there any exemptions?
Private dwellings which include holiday cottages, caravans and associated buildings such as garages that are for the exclusive use of the persons living in the dwelling do not have to be smoke free.
In addition, the regulations do not restrict people from smoking in their private accommodation even if it is used for work providing the work is personal care or maintenance work. Providers of such services will have to consider how to protect their staff and negotiate private agreements with staff and clients about smoking while the care or maintenance is being carried out.
Common parts in residential premises such as stairwells or workplaces such as lift motor rooms will have to be smoke free.
The regulations allow for designated bedrooms in hotels, guest houses, hostels, and members clubs to be not smoke free if they meet certain conditions, including being designated in writing by the person in charge of the premises.
Shared rooms such as dormitories must always be smoke free.
In other residential situations such as prisons, care homes, hospices the regulations allow either for designated bedrooms or other designated rooms to be used only for smoking.
Do I need to display Smokefree signs?
Yes, at least one legible No-smoking sign must be displayed in a prominent position in a smokefree premises.
It is advisable to display signs at all entrances, be a minimum of A5 in area (210mm x 148mm), display the international no-smoking symbol and carry the following words in characters that can be easily read:
No smoking. It is against the law to smoke in these premises".
Smokefree vehicles must display a no-smoking sign in each compartment of the vehicle in which people can be carried. These no-smoking signs must display the international no-smoking symbol at least 70mm in diameter.