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WHAT WILL GOING SMOKEFREE MEAN FOR ME?
GUIDANCE ON THE NEW SMOKEFREE REGULATIONS
From 6am on the 1st of July 2007 virtually all enclosed public places and workplaces in England will become smokefree.
This includes vehicles used for public transport.

A smokefree Mid Sussex will ensure a healthier environment, so everyone can socialise, relax, travel, shop, and work free
from secondhand smoke.

Environmental Health Staff will enforce the legislation.

What does this mean to me?

You will not be allowed to smoke in any enclosed or substantially enclosed premises.

Enclosed or substantially enclosed is where there is a roof/ceiling and more than 50% walls (walls include doors and windows).

A roof includes any fixed or movable structures, such as canvas awnings. Tents marquees or similar will also be classified as en-
closed premises if they fall within the definition.

Do employers have to provide smoking breaks or outside smoking areas?

No, on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is
more than six hours. Staff can smoke during their rest period, if they choose, but they must not smoke in an enclosed or partially
enclosed area. As an employer you must decide whether or not to permit smoking elsewhere on your premises e.g. in open car
parks, grounds, or shelters and you should indicate where smoking is allowed in your smoking policy.

Do employers have to provide a smoking shelter?

There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating
places for smokers to congregate. If you do have an outside smoking shelter or area, you will need to be sure that it is not “en-
closed” or “substantially enclosed” under the definitions that will be set out in smoke free regulations. (You may require planning
permission for such a structure and may need to provide bins to prevent litter, information has been provided within this pack.
Look for the Planning Advice Leaflet).

What about entrances to buildings?

Outside areas are not covered by the legislation. However employers may want to consider making it a policy that smoking is
not permitted within a certain distance from outside entrances, so that staff and visitors do not have to walk through a cloud of
smoke to get into the building.

What about vehicles are they included?

The regulations require that enclosed vehicles be smokefree at all times:
• If they are used by members of the public or a section of the public whether or not for reward or hire
• In the course of paid or voluntary work by more than one person, even if those people use the vehicle at different times.

The legislation does not cover vehicles used primarily for private use.

The legal duty to ensure a vehicle is smokefree and to stop any person who is smoking to stop rests with:
• The driver



                For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                              Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
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•   Any person with management responsibility for the vehicle
•   Any person in a vehicle who is responsible for order or safety of it.

What signs will I need?

In smokefree premises:-It will be the duty of the persons who occupy or manage smoke free premises to display no-smoking signs
that meet the requirements of the regulations. It will be against the law not to display the required signs. The signs must be:

•   Displayed in a prominent position at the entrance
•   They must be equivalent to A5 in size
•   Display the international no-smoking symbol in colour, a minimum of 70mm in diameter
•   Carry the following words in characters that can easily be seen
    “No smoking. It is against the law to smoke in these premises”

In smoke free vehicles:-Any person with management responsibilities for a smoke free vehicle has a legal duty to display a no-
smoking sign in each enclosed compartment that can accommodate people.

•   The sign must simply display the international no-smoking symbol in colour and be a minimum of 70mm in diameter.

Are there any exemptions from the legislation?

There are very few exemptions from the legislation, for further details and guidance visit the smokefree England website or view
the regulations (see below)

Who will enforce the legislation and what are the penalties for those who don’t comply?

Mid Sussex District Council will appoint and authorise Environmental Health Staff to carry out enforcement measures.
The penalties to managers or business proprietors for failing to comply and prevent smoking in a smokefree place - up to £2500
upon summary conviction in a Magistrates Court.

The Council may choose to issue fixed penalty notices, the penalties are:
• Failure to display minimum no-smoking signs - a fixed penalty notice of £200
• The smoker for Smoking in a smokefree place - a fixed penalty notice of £50

How do I develop a smokefree policy?

To ensure employees are aware of smokefree legislation and changes to your workplace you may wish to consider developing a
written smokefree policy for your workplace. Effective smokefree policies:

•   Acknowledge the right of employees to work in a smokefree environment
•   are concise and simple to understand;
•   identify members of management and staff who have responsibility for implementing the policy;
•   identify the outside areas where people can smoke;
•   provide information on how to obtain help to stop smoking;
•   include a consultation with members of staff;
•   are communicated to all members of staff(including new members of staff before they start work).

You will need to decide how to deal with non-compliance with your smoke free policy and how the policy fits within your existing
health and safety as well as discipline policies.

Both simple and more comprehensive sample smokefree policies are available from the SmokeFree England website, they are
quick and easy to download and use.




                 For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                               Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
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Is there any support available for members of staff and people who want to stop smoking?

•   A smoker is four times more likely to successfully stop if they use specialist help.

Nationally the NHS provides free support for smokers, there is an NHS smoking helpline - you can speak to a specialist advisor on
0800 1690169 (lines are open daily 7am - 11pm)

An online resource for advice, information and the support you need to stop and stay stopped is available at www.gosmokefree.
co.uk

Local support is also available near you in Mid Sussex via your practice nurse at your GP surgery. Local stop smoking clinics are
held in a variety of venues and at different times, across the district. Information about local support groups and how to obtain
nicotine replacement therapy on prescription, can be obtained by ringing the West Sussex Helpline.
These services may also be able to support smokers to stop within their workplace.

If you would like more information to help stop smoking please contact the

West Sussex Stop Smoking Help line on 01903 708000

Where do I obtain further information?

Further information and support is also available on the Mid Sussex District Council Website at www.midsussex.gov.uk or email
smokefree@midsussex.gov.uk.

Until the Government actually publishes the Regulations, the Council’s Environmental Health Service cannot give definitive
guidance on what the new legal requirements will be. However, the Government have set up an organisation called Smokefree
England to publicise and promote the Smokefree Campaign and to provide businesses with guidance and support. Their website
is www.smokefreeengland.co.uk

You can also contact the SmokeFree England Information Line on freephone 0800 169 1697

They will provide support materials for businesses as well as information for the general public.
In the circumstances, all businesses are advised to visit www.smokefreeengland.co.uk and to register with them for email updates
on the new law. In this way you will receive updates as the new regulations progress from draft form through to publication when
they become law, as well as free copies of guidance and the signs that you will need to display at the entrances to your premises.

You can also contact Mid Sussex District Council by telephone on:- 01444 477433.

More information for the whole of West Sussex is available on: www.smokefreewestsussex.org.uk



            You can view the full details of the Health Act 2006 and the five sets of regulations made under it at
                                                www.smokefreeengland.co.uk




                For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                              Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
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SMOKEFREE
LICENSING ACT 2003 – IMPLICATIONS

•   LICENCEES : - DO YOU HOLD A PREMISES LICENCE OR A CLUB PREMISES CERTIFICATE UNDER THE ABOVE LEGISLATION ?

•   DO YOU PLAN TO ALTER YOUR ‘LICENSED AREA’ IN CONNECTION WITH SMOKEFREE LEGISLATION ?

•   DO YOU PLAN TO ALTER THE STRUCTURE OF YOUR LICENSED PREMISES ?

IF THE ANSWER TO THE ABOVE QUESTIONS IS YES, YOU WILL NEED TO SUBMIT AN APPLICATION TO VARY YOUR PREMISES LICENCE.


If you are planning to construct a smoking shelter, which encompasses a ‘bar’ or other facility for the sale or, in the case of a club
the supply of alcohol or the provision of any ‘Regulated Entertainment’ – this will constitute a major variation to your Premises
Licence, as will any application to vary your licensed hours.

Applications to vary a Premises Licence or Club Premises Certificate must be made to the Licensing Authority of the District Coun-
cil and copied to the seven local Responsible Authorities. In addition the application must be advertised on the exterior of the
affected premises and within a local newspaper.

A consultation period of 28 days is allowed for representations to be made by any Responsible Authority or Interested Party (as
defined within the Licensing Act 2003).
If representations are made against your application, it will be necessary for the application to be considered before a hearing of
the licensing committee.


       DO NOT DELAY – IF YOU ARE PLANNING SUCH ALTERATIONS SUBMIT YOUR APPLICATION IN PLENTY OF TIME.

FULL DETAILS AND APPLICATION FORMS TO VARY A PREMISES LICENCE MAY BE FOUND ON THE FOLLOWING WEBSITES :-

                                         WWW.MIDSUSSEX.GOV.UK/PAGE.CFM?PAGEID=1751
                                                   WWW.CULTURE.GOV.UK




                 For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                               Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
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Environmental Protection and Smoking
Introduction

The ban on smoking in public places including pubs, clubs, hotels and restaurants is to come into force on July 1st 2007. This will
mean that smoking will not be allowed in any enclosed or substantially enclosed public place, work place or vehicle. Many opera-
tors are considering building covered outdoor areas where smoking will still be permitted. This leaflet aims to advise you of your
obligations to ensure that with the introduction of the new smoking ban that your premises do not create noise, smoke or litter
complaints as a result of people smoking outside.

Outdoor Areas

You might want to have an outside smoking area, which may or may not be covered and partially enclosed. What constitutes
a smoking shelter is not covered here but can be found elsewhere in this information pack. If you do consider that you wish to
have, a smoking area outside you will need to think carefully about the effect of noise to neighbouring properties. Noise com-
plaints rose by 1,000 per cent in Edinburgh after the smoking ban was introduced in Scotland. There are already noise concerns
with some licensed premises caused by people standing outside drinking and creating considerable noise to neighbours. We are
anxious to avoid this being greatly increased by smokers who use beer gardens, outside seating areas or who even smoke in the
street outside your premises.

What can you do to control noise?

There are a number actions you can take as part of a noise management strategy to reduce noise from people smoking outside:-
• sound trap lobbies or automatically closing doors to prevent noise escaping from the premises as people go outside to smoke.
• signage requesting people to respect your neighbours when they go outside
• a curfew for people who go outside after a set time not allowing re-admittance
• restrict access to outside areas late in the evening and at night
• make your premises completely smokefree

Environmental Legislation
The Environmental Protection Act 1990 requires the Local Authority to investigate complaints of statutory nuisance which arise
from premises. It requires the Environmental Health Staff to assess noise and smoke nuisance from premises. Officers also have to
take into account the odour of smoke when asessing nuisance so you need to site your outside smoking area carefully and away
from neighbours. If a statutory nuisance is witnessed the local authority must serve an abatement notice. Failure to comply with
the notice can result upon summary conviction of a fine not exceeding £20,000.

The Noise Act 1996 enables a local authority to serve warning notices where a permitted noise level is exceeded by noise from
licensed premises. If after the warning period the noise continues to exceed the permitted level, the local authority can serve a
fixed penalty notice of up to £500 on the person holding the premises licence or the designated premises supervisor (DPS) or in
the absence of the DPS, the person who appears to be in charge of the premises at the time.

Planning Permission

Whatever form of outdoor smoking area you decide to construct it is more than likely to be permanent and may need planning
permission and building regulations consent. In particular this may be an issue for those with older listed buildings. Information
is provided within this pack.

Lease

Where premises are subject to a lease the provisions of the lease should be checked as landlords’ consent for any alterations is of-
ten required. If so, a formal application to the landlord is likely to need drawings of the proposed construction. Although consent



                For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                              Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
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can not be unreasonably withheld sufficient time should be allowed for consent to be obtained.

Licensing issues

The Environmental Protection team are statutory consulties in relation to the licencing objective of prevention of public nuisance.
Should complaints be received by the Environmental Protection team in relation to a public noise nuisance then it will be neces-
sary for them to be investigated. This would include noise from your customers smoking on the street. If complaints are substanti-
ated it may be necessary to request that a review of the licence is undertaken and new conditions may be attached to your licence
as a result e.g alteration or reduction of hours.

Litter

Recent research has shown that smoking related litter contributes to more than 40% of litter found in the UK today. As smokers
move outside, cigarette litter becomes a problem. Also, discarded cigarettes can be a fire hazard if not extinguished properly. Dis-
play signs and provide cigarette litter bins to encourage safe litter disposal. Stainless steel bins do not deteriorate in poor weather
conditions. Wall-mounted or post-mounted options are excellent for positioning at entrances. Floor-mounted options provide
bigger volume alternatives when used in designated smoking areas. Planning permission may be required to provide these facili-
ties, information is provided within this pack.



Contact details: If you have any concerns about the environmental implications of the smoking ban or would like to discuss your
proposals further do not hesitate to contact the Environmental Protection team on 01444 477292. Alternatively, you can email us
at the following address pollution@midsussex.gov.uk




                For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                              Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
             Are you ready to go
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Planning Guidance

Going SmokeFree -
A Planning Advice Note on Smoking Shelters and Other Features
Purpose of this Note

•   to provide planning guidance on the provision of facilities for smokers, in the context of compliance with the new health legis-
    lation, but please note this guidance note is not a definitive interpretation of the law

•   to advise on the need for planning permission and the factors to be taken into account in deciding whether or not such per-
    mission will be granted.

The Need for Planning Permission

Planning permission will normally be required for the following operations and uses:

•   permanent external smoking shelter structures - whether freestanding or attached to existing buildings

•   awnings / canopies / blinds attached to buildings - will almost always have a material effect on the external appearance of a
    building

•   pavement and forecourt tables and chairs sited on the public highway or a private forecourt

•   use of any land as a beer garden or yard, where the land does not form part of the business premises

•   construction of timber decking

•   stub-out bins on the front of premises

Planning permission will normally not be required for the following operations and uses:

•   portable freestanding awnings / canopies and space heaters

•   the use of beer gardens and yards, where these are ancillary to the main pub / restaurant use and are lawfully part of the exist-
    ing business

Where there is any doubt about the need for planning permission you should check with the Council’s Planning Service before
proceeding.

Lawful Development Certificate or Planning Application?

You can check the need for planning permission formally by submitting an application for a certificate of lawful proposed devel-
opment, or informally by seeking advice from the Planning Service.

Application forms for a certificate of lawful development, or for planning permission, can be downloaded from the Council’s web-
site, or obtained from the Planning Service. A fee is payable, details of which are available from the web site.

Detailed guidance on the submission of applications is available from Planning Services and on our website www.midsussex.
gov.uk/page.cfm?pageID=312 . Applications for smoking shelters should include calculations to demonstrate that the structure
would not be “substantially enclosed”.



                 For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                               Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
             Are you ready to go
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Planning applications for smoking shelters and related structures would normally take up to 8 weeks from the time we receive a
valid application. If the application has to go to a Planning Committee, this would delay a decision by at least 4 weeks

Material Considerations

All planning decisions are based upon planning policies contained within the Council’s adopted development plan, related guid-
ance, and any other material considerations.

When assessing a planning application for a shelter, awning or similar structure, the Council will seek to ensure that the facilities
are well-designed and sensitively sited in a way that:
- enhances the street scene, and
- protects the safety and free flow of pavement users
- has no detrimental impact on the amenity of neighbouring residents

In particular:

•   is the shelter / awning or other structure in a prominent location?

•   is the structure well designed, using appropriate materials, and in character with the existing building?

•   will the location / siting of the shelter / awning have any adverse amenity impact in terms of:
    - visual intrusion
    - character and appearance of the area
    - loss of outlook
    - overlooking of adjacent residential premises
    - light pollution
    - siting adjacent to doors / windows/ air intake systems - whether within or adjacent to the premises
    - secondary smoke infiltration into adjacent residential or commercial premises
    - introduction or intensification of activity and disturbance near noise sensitive premises, particularly in the late evening

•   will the siting of the shelter / awning result in loss of parking spaces, with associated impact on parking problems in the
    vicinity?

•   will the shelter / awning obstruct or block an adjacent public footpath or road to the detriment of pedestrian or traffic safety?

In general, canopies / shelters / heaters and similar structures sited on the public highway or on other public spaces are unlikely to
be permitted.

Proposals affecting premises in a conservation area, or affecting a listed building, will be particularly sensitive. The design of any
smoking -related structure shelter would need to be of exceptional quality if it were not to affect the character or setting of a
listed building, or the character or appearance of a conservation area.

If planning permission is granted, conditions may be imposed to restrict, for example, the transmission of music or any other
amplified sound to any noise-sensitive boundary, or hours of operation (although more likely to be addressed under licensing
provisions). In some cases, temporary permission may be granted to allow the review of any impact in sensitive locations.

Advertisement Consent

If you propose to provide new external signs, for example, to direct customers to smoking shelters, you may need to make a
separate application for Advertisement Consent. Application forms and guidance can be downloaded from the Council’s website
www.midsussex.gov.uk/page.cfm?pageID=1788 .

The main concerns in deciding whether to grant consent will be:
• highway safety - for example, would the sign cause obstruction to pedestrians or traffic?; and



                 For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                               Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk
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•   amenity - would the sign be visually obtrusive - particularly in a conservation area, or on a listed building - or add to advertise-
    ment clutter?

Building Regulations Approval

The following structures are currently exempt from control under the Building Regulations:

•   a small detached single storey buildings with an internal floor area of not more than 30m² which contains no sleeping accom-
    modation, and is sited at least 1m from the site boundary or constructed substantially of non-combustible material

•   a small detached single storey building with an internal floor area of not more than 15m²

•   the extension of a building by the addition at ground level of:
    a) a conservatory, porch, covered yard or covered way; or
    b) a carport open on at least two sides;

where the internal floor area of that extension does not exceed 30m², provided that in the case of a conservatory or porch which
is wholly or partly glazed, the glazing satisfies the requirements of Part N (Glazing - safety in relation to impact, opening and
cleaning) of the Building Regulations 2000

Contact Us

This advice note is intended as a guide to a complicated process. You should seek further information and advice from the
Council’s Planning and Building Control service on 01444 458166 or, on the Council’s website on www.midsussex.gov.uk, or the
Planning Portal at: http://www.planningportal.gov.uk/england/genpub/en/1115314175501.html




                 For more information please contact: Mid sussex District Council, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS.
                               Telephone: 01444 458166 email: smokefree@midsussex.gov.uk www.midsussex.gov.uk

				
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