Going smoke-free in Jersey - FAQs

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

The following fact sheets have recently been created to address commonly asked questions:

Factsheet 1: General Information
Factsheet 2: Smoking in Vehicles
Factsheet 3: Smoking Shelters
Factsheet 4: Smokefree is Needed
Factsheet 5: 10 Reasons to go Smokefree

When did the ban come into effect?

4.00 am on Tuesday 2nd January 2007.

What is the aim of the new law?

The law aims to protect the general public from the harmful effects of passive smoking. Breathing other people's smoke is called passive, involuntary or second-hand smoking. The non-smoker breathes 'sidestream' smoke from the burning tip of the cigarette and 'mainstream' smoke that has been inhaled and then exhaled by the smoker. Second-hand smoke (SHS) is a major source of indoor air pollution.

What does the law do?

The new law bans smoking in workplaces by:

• creating an offence of smoking in workplaces;
• creating an offence of permitting others to smoke in workplaces;
• creating an offence of failing to display warning notices in certain workplaces;
• setting out the powers of enforcement officers to enter workplaces.

What is a workplace?

Definitions and details of workplaces which are exempt from the law can be found in The Restriction on Smoking (Ammendment No2) (Jersey) 2006 and The Restriction on Smoking (Workplaces) (Jersey) Regulations 2006. Workplaces include premises like pubs, restaurants, bars, shops, cinemas, offices, hospitals, work vehicles and sports centres. Those premises and most other workplaces will be no-smoking premises.

What are the penalties?

A person is liable to a maximum fine of level 4 on the standard scale (£5,000) if they smoke in a workplace covered by the law. The occupier, manager or person in charge is also liable to a maximum fine at level 4 (£5,000) if they fail to ensure compliance with the law.

A person who fails to display appropriate notices , as required by the law, is liable to a maximum fine at level 3 on the standard scale (£2,000).

Does the ban extend to outdoors?

Smoking is prohibited by law only in enclosed public places. Open air playgrounds and parks are therefore not affected. Employers can, however, determine whether their smoke free policies extend to external areas, but they are not subject to the law. We know, for example, that second-hand smoke is particularly harmful to the health of children and young people, so employers may wish to consider efforts which not only protect the health of children, but help to make non-smoking the norm and stop young people from taking up smoking in the first place.

Am I obliged to provide external smoking shelters for any of my staff or customers who smoke?

No. You may wish, however, to review your smoking policy , and discuss with your staff how best to meet their needs within the new legislation.

What about my existing smoking shelter?

This must comply with the law with effect from January 2nd 2007.

If I want to provide external smoking shelters where my staff or customers can smoke. How should I go about this?

You will need to ensure that what you are proposing complies with the law i.e. is not covered by a roof or ceiling and not more than 50% of the perimeter is made up of one or more walls and similar structures (or either of them). You should therefore seek advice on any proposed structure, from the Health Protection Department, and the Planning Department/Building Services in case what you have in mind would fall within the definitions of an enclosed workplace and/or would require planning or building consent.

Am I required to provide stubbing out bins outside my premises?

No, but to prevent litter you may wish to. If so, you will need to seek advice from the Planning Department as permission may be required.

What is the situation regarding private clubs, e.g. rugby clubs, snooker clubs, golf clubs, working men's clubs etc?

Premises which are being used by and for the purposes of a club or other unincorporated association, and which by the definition in the Regulations is enclosed, are affected by the new law. Members and staff of private clubs deserve the same protection from the health effects of second-hand smoke as much as anyone else.

What is the situation regarding pubs?

Pubs are covered by the law. Some publicans are concerned at what will happen if they can not stop someone smoking in their pub. However, the vast majority of the population are law abiding citizens and we envisage high levels of self-compliance. The reasonable measures which you will be required to take are outlined in the article guidelines for bar and waiting staff . If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette or leave the premises, you will not be liable under the legislation.

Will pubs lose their licence if they allow smoking in their premises?

They may do. Failure to comply with the law will be taken into account in licensing decisions.

What about a marquee?

The definition of workplaces includes a tent. Marquees therefore are covered by the legislation, if they 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). However, if the marquee is erected within a dwelling, as defined in the regulations (which includes a garden) the law does not apply.

Public transport and public transport facilities - buses, taxis

All public transport must comply with the smoke-free law. This includes when the driver is in the cab on his own. Bus shelters will also be included in the smoke-free law if they are covered by a roof or ceiling and more than 50% of the perimeter made up of one or more walls and similar structures (or either of them).

Are vehicles covered by the smoke-free law?

All vehicles, i.e. cars, vans, lorries, aircraft, Jersey registered ships/vessels and any public transportation in which a person carries out his or her work is affected by the new law.

Are there any exemptions?

Smoking on a limited basis is permitted in certain workplaces. It is accepted that the workplace for some might well be ‘home’ to others, even if temporarily or involuntarily (e.g. hotel bedrooms, prison cells, psychiatric wards etc.), therefore the effect of these regulations is to permit smoking, on a limited basis, in certain workplaces. A person who works within such a workplace is prohibited from smoking and if such premises decide to permit smoking they must designate an area where smoking is permitted and take all reasonable steps to prevent smoke drifting.

These areas are:

• A cell in the States of Jersey Prison at La Moye.
• A room in the Police Station used by States of Jersey Police or a room in a Customs and Immigration premises used solely for interviewing or detaining persons.
• A bedroom in premises registered under the Tourism (Jersey) (Law) 1948 (basically a hotel room).
• A room in a laboratory in which scientific testing of smoke is carried out.
• A nursing home.
• A mental nursing home.
• A residential home.
• A hospice.
• Any premises in which psychiatric treatment is administered.
• A workplace occupied by a charity and used for charitable purposes.

Other exceptions are:

• A dwelling.
• Sleeping accommodation, if it is provided for a person in his or her workplace.
• A workplace in which one person works (if at all times that person works alone in the same workplace, no other person works in that workplace at any other time and the public do not have access to the workplace).
• Smoking on stage or as part of filming can be permitted under certain circumstances.

In the case of all exemptions, the occupier of any exempt workplace must take all reasonable steps to limit the exposure to smoke that emanates from a smoking area.

What signage is required?

Under the regulations, signage is required in three types of workplace. There is a requirement to display notices on licensed premises, premises registered under the Tourism (Jersey) Law 1948 and premises registered under the Places of Refreshment (Jersey) Law 1967. On such premises, a notice stating that smoking is prohibited must be displayed at the main entrance or entrances. The specific requirements of such signage can be found under the No Smoking Signage link.

What support is there for smokers wanting to quit?

Anybody wanting help to quit smoking should call the Smokers Quitline on 0800 735 1155.

Currently 25% of the adult population in Jersey smoke, 77% of them want to give up. We know, from the experience of other countries that when a smoking ban in enclosed workplaces is in force, more people will want to quit.

A new service ‘Help 2 Quit’ is being introduced to support those who wish to quit smoking. This new service will be funded from the Health and Services Department and it will ensure that every adult smoker who wishes to quit is able to use an appropriate service. Health and Social Services will employ peripatetic nurses who will be trained as Smoking Cessation Advisers. This will ensure a consistent service Island-wide.

Are the police to be involved?

Not routinely. It is possible on rare occasions that employers may decide to call the police, for example, if an individual who is smoking refuses to leave their premises and is becoming aggressive, much in the same way as a publican may involve the police if a drunk refuses to leave their premises.

What do I do if I have a complaint?

If you wish to complain about someone smoking where they shouldn't, initially you should draw this to the attention of the manager or proprietor of the workplace in question. They have a duty to deal with this.
If your complaint is not resolved to your satisfaction you should contact the Health Protection Department by phoning 789933 as they will be ensuring compliance with the regulations.