Guidance for businesses and organisations

The information given here is for guidance only and based on an interpretation of the Restriction on Smoking (Workplaces) (Jersey) Regulations 2006. 

Key facts on the new smoking law

The Restriction on Smoking (Workplaces) (Jersey) Regulations 2006 came into effect at 4.00 am on 2nd January 2007. The law was introduced to save lives and prevent diseases caused by passive smoking. This means breathing in other people’s tobacco smoke. Other people’s tobacco smoke is also known as second hand smoke (SHS) or environmental tobacco smoke (ETS).

Since 4.00 am on 2nd January 2007 you, your staff, customers and visitors have not been allowed to smoke within your business or organisation’s premises. This includes previously designated 'smoking rooms'.

There are very few exemptions to the smoking ban. The new law will affect all enclosed public premises and most enclosed workplaces, if these are covered by a roof or ceiling and more than 50% of the perimeter is made up of one or more walls and similar structures (or either of them).

Failure to comply with the new law is a criminal offence. The manager or person in control of any no smoking premises who allows others to smoke in non-smoking premises and a person who smokes within such premises may be liable, upon conviction, to a fine of up to £5,000.

In the case of certain workplaces, persons failing to display no smoking signage may be liable, upon conviction, to a fine of up to £2,000.

Why the new law?

The need for a law to ban smoking in enclosed workplaces is based on the following:

• There is significant risk to health from exposure to environmental tobacco smoke.
• Unless by his or her own choice, no one should, therefore, be exposed to such smoke.
• All places where people are working should be free from environmental tobacco smoke.
• Ventilation is not an effective alternative to legal restrictions on smoking in enclosed public places and worksites.

Background

The UK Government’s scientific committee on tobacco and health (SCOTH) has previously concluded (2004): “Our knowledge of the hazardous nature of second hand smoke (SHS) has consolidated over the last five years, and this evidence strengthens earlier estimates of the size of health risks. This is a controllable and preventable form of indoor air pollution.
It is evident that no infant, child or adult should be exposed to SHS. This update confirms that SHS represents a substantial public health hazard.”

The late Sir Richard Doll, probably the best known and most respected epidemiologist of his generation, has also stated: “An hour a day in a room with a smoker is nearly one hundred times more likely to cause lung cancer in a
non-smoker than 20 years spent in a building containing asbestos.” It is illogical and inconsistent to take affirmative action to ban one substance known to be hazardous to health but to allow continuing exposure to another substance - environmental tobacco smoke – now known to be many times more dangerous.

Places where the law applies

The new law prohibits smoking in enclosed public places. These are premises that are covered by a roof or ceiling and more than 50% of the perimeter is made up of one or more walls and similar structures (or either of them) and to which members of the public have access. It does not matter whether access is by payment or not.

Places not included

There are few exemptions to the new law. Smoking (but not by staff) on a restricted basis may be permitted in some workplaces provided measures are in place to minimise unnecessary exposure of other persons to environmental tobacco smoke. These include:

• A bedroom in premises registered under the Tourism (Jersey) Law 1948 if the proprietor has designated it as one in which smoking is permitted.
• Designated areas of nursing, mental nursing and residential homes.
• A hospice.
• Designated areas of premises providing psychiatric treatment provided measures are in place to minimise unnecessary exposure of other persons to environmental tobacco smoke.
• Vehicles used as a place of work by only one individual.
• A workplace occupied by a charity and used for charitable purposes.
• The stage of a theatre, an indoor place of entertainment, recording or filming for television when smoking is required in a play or other production (in certain circumstances).
• A workplace of one person (in certain circumstances).
• A dwelling.
• Workplace sleeping accommodation (in certain circumstances).

No smoking signage for premises

It is a requirement of the law that signs are displayed at the main entrance(s) of licensed premises, premises registered under the Tourism (Jersey) Law 1948 and premises registered under the Places of Refreshment (Jersey) Law 1967.

Details of the signage required and a downloadable example can be found on this site.

How to comply with the new law

Since 2nd January 2007 every business and organisation in Jersey to which the law applies must take all reasonable precautions to ensure that employees, customers and visitors do not smoke on their premises.

The following action is recommended:

• Display the 'No Smoking' signs as required and any other appropriate signage to ensure that staff, customers and visitors are aware that smoking is not permitted upon the premises.
• Remove all ashtrays.
• Remove any signage that suggests smoking is allowed.
• Develop a smoke free policy with staff to ensure that infringements by employees, customers, members, and so on are dealt with under a clear and agreed procedure. (Advice and further information on smoke free policies can be found on this site).
• Inform anyone smoking that he/she is committing an offence.
• Request that he/she cease smoking immediately or leave the premises.
• Indicate to him/her the nearest external point where smoking is permitted.
• Refuse service to individuals who are smoking against the law.

Enforcing the new smoking law

The law will be monitored by the Health and Social Service Department’s Environmental Health Officers who will refer contraventions for action but will provide advice and support for businesses whenever possible. Inspections carried out by Environmental Health Officers will either be proactive (to advise businesses and to confirm compliance with the law) or reactive (in response to a complaint). Inspections may also be incorporated within other routine visits. When carrying out inspections Environmental Health Officers may:

• Announce themselves prior to assessing the situation within the premises.
• Assess the situation by observation before identifying themselves following the period of surveillance.

To register complaints of non-compliance with the law, people should ring the Health Protection Department on 789933.

Where may I get further information on the law and its effects?

Search this site for further advice and information regarding the law. You may also telephone the Health Protection Department on 789933, during normal office hours, for advice or information from an Environmental Health Officer.