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					POLICY: SMOKING
Approved by Planning & Resources Committee
(Minute PRC97/06-07) on 10 July 2007



Purpose
This policy has been developed to protect all staff, students and visitors from exposure to
second-hand smoke and to ensure compliance with the relevant section of the Health Act
2006.


Policy
In accordance with the Smoke-free (Premises and Enforcement) Regulations 2007 the
University of Winchester will ensure that all premises are smoke free and all employees have
a right to work in a smoke free environment. The policy shall, in accordance with the law
come into effect on Sunday, 1st July 2007. Smoking is prohibited in all enclosed and
substantially enclosed premises in the campus. This includes company vehicles. This policy
applies to all staff, students, contractors, customers and visitors.


Implementation
All staff/ student and visitors are obliged to adhere to the policy. Overall responsibility for
policy implementation and review rests with the Pro Vice Chancellor (Administration). The
PVC shall inform all existing staff, students and visitors of the policy and their role in the
implementation and monitoring, and ensure a copy can be viewed by newly recruited staff
and students on the University portal.
Appropriate ‘no-smoking’ signs will be clearly displayed at the entrance to every campus and
in all University vehicles.


Exemptions - Performers
Where the artistic integrity of a performance makes it appropriate for a person who is taking
part in that performance to smoke the part of the premises in which that person performs will
not be required to be smoke free for the performer during the performance. This exemption
does not apply to rehearsals.


Exemptions - University accommodation
Smoking is permitted in private bedrooms in limited and specifically designated student
accommodation. All communal areas within residences are covered by the Act and are
therefore smoke free. Smoking is permitted in all warden flats.
Outside Buildings
Smoking in an area outside a University is permitted provided that the area is not more than
50% enclosed. Smokers must ensure that their smoke is not blown or drawn into any
University building. The University reserves the right to restrict smoking in specific external
areas of the campus if it has a negative effect on an internal space.


Staff Protective Measures
Cleaning/ Maintenance staff and site stewards who have reason to enter the exempt areas
should assess whether any environment they enter is safe for them to provide their services.
The risk can be reduced by:
 ventilating the area by opening windows and doors
 not allowing anyone to smoke in the areas during the visit.


Non-Compliance
The University’s disciplinary procedures will be followed if a member of staff or a student
does not comply with this policy. Those who do not comply with the smoke free law may
also be liable to a fixed penalty fine and possible criminal prosecution.


Help to Stop Smoking
The NHS offers a range of free services to help smokers give up. Visit gosmokefree.co.uk or
call the NHS Smoking Helpline on 0800 1690 169 for details. The University Nurse is also
able to provide advice.
Appendix A
                                 How to Deal with Smoking

Everyone in charge of smoke free premises and/or vehicles, has a legal responsibility to
prevent people from smoking in them. University staff should approach smokers who are
smoking in premises and/or vehicles or too close to a building and request that they leave the
building and/or vehicle or move away from it. If someone does smoke in any premises or
vehicles you are responsible for, the following practical steps will help you to deal with them.




                Point to the no-smoking signs and ask the person to
                             stop smoking or go outside




                 Tell them you would be committing an offence if you
              allowed them to smoke, and they are breaking the law by
               smoking in a smoke free premises or vehicle, and both
                                parties could be fined




 If an employee or a student refuses                   If any other person present in
          to stop smoking:                           University premises refuses to stop
                                                                  smoking:


    Remind them the new law is to
   protect employees and the public                  Explain that staff will refuse to serve
    from the harmful effects of their                or meet with them if they continue to
          secondhand smoke                             smoke, and they will be asked to
                                                              leave the premises




   If necessary, put into practice the                If they won’t leave, implement the
     disciplinary procedure for non-                  normal procedure for anti-social or
    compliance with the University’s                  illegal behaviour for the University
            smoke free policy



                            Keep a record of where and when
                           the incident took place, the name of
                               the person involved and the
                                         outcome.

If physical violence is threatened by a person smoking, you should notify and/or seek
assistance from the duty Site Steward on 01962 827666 or 827667.
Penalties
Local councils are responsible for enforcement. A telephone line (0800 587 1667) will be
available to enable employees and members of the public to report possible breaches of the
law.
Those not complying with the law will be committing a criminal offence. The fixed penalty
notice and maximum fine for each offence is as follows:

Offence            Who is liable    Fixed penalty        Fixed penalty      Court awarded
                                    notice (if paid in   notice (if paid in fine
                                    15 days)             29 days)
Smoking in a       Anyone who       £30                  £50                Up to £200
smoke free         smokes in a
place              smoke free
                   place
Failing to         Anyone who       £150                 £200             Up to £1000
display required   manages or
no-smoking         occupies the
signs              smoke free
                   premises or
                   vehicle
Failing to         Anyone who       N/A                  N/A              Up to £2500
prevent smoking    manages or
in a smoke free    controls the
place              smoke free
                   premises or
                   vehicle

				
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