Getting ready for the new law on smoking

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

The law on smoking in Jersey changed on 2nd January 2007. At 4.00 am on this day smoking was no longer allowed in most workplaces and public places. This new law was introduced to save lives by preventing diseases caused by passive smoking.

The aim of this website is to make sure that everyone in Jersey understands the changes and are ready when the law takes effect.

Background to the new law regarding smoking

The States of Jersey has passed a comprehensive Tobacco Strategy, which provides a package of measures aimed at reducing smoking and protecting people from passive smoke (passive smoking means breathing in other people’s tobacco smoke).

This new legislation is one component of the strategy. It was introduced to protect people in Jersey from the harmful effects of passive smoking.

Key facts on the new law

• The Restriction on Smoking (Amendment No 2) (Jersey) Law 2006 and related regulations came into effect at 4.00 am on Tuesday 2nd January 2007. 
• Proprietors, staff, customers and visitors are not allowed to smoke in most workplaces. 
• Failure to comply with the law is a criminal offence. Individuals may be fined a fixed penalty of up to £5,000 for smoking in non-smoking premises. The manager or person in charge of any non-smoking premises could also be fined a fixed penalty of up to £5,000. 
• The manager or person in charge of any non-smoking premises - that is required to display no smoking signage - could be fined a fixed penalty of up to £2,000 for failing to display appropriate notices regarding the law in non-smoking premises. 
• All businesses and organisations that are affected by these changes need to take steps to ensure that employees, customers, members of the public and visitors are aware of and comply with the new law. 
• Authorised officers from the Health Protection Department will enforce the law. 
• Officers from the Health Protection Department will offer businesses information and support.

Places where the new law will apply

The new law prohibits smoking in enclosed workplaces. 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.

How to comply with the new law

Every business and organisation in Jersey to which the law applies, need to take 'all reasonable steps' to ensure that employees, customers and other visitors do not smoke on their premises. Furthermore, certain workplaces must also display the required no-smoking signage in such a way as to make staff, customers and visitors aware that they must comply with the new smoking law.

It is also recommended that you take the following minimum action:

• Remove all ashtrays.
• Remove any signage that suggests smoking is allowed.
• Develop and implement a smoke-free policy with staff to ensure that infringements by employees, customers and so on are dealt with under agreed procedures.

Areas where staff or customers can smoke

If you would like to provide outdoor smoking areas for your staff and customers, you should consult with your staff, then take legal and local planning advice to make sure your proposals comply with the law. Where an outdoor smoking area is not being created and staff and/or customers are required to leave the premises to smoke, you might also want to provide external stubbing out bins at entrances or exits to keep the litter to a minimum. Consideration should also be given to help ensure the safety of such individuals, for example, if an outdoor area used for smoking is in a location that may be isolated or poorly lit.

What to do if someone ignores the smoking ban

We are confident that a majority of people will respect the new law on smoking. However, it is important that you know what to do if someone does continue to smoke:

• Draw the person’s attention to the no-smoking signs and remind them that they are committing an offence. Quietly ask them to stop smoking.
• Advise the person that it is also an offence for you (as owner, manager, employee etc.) to let anyone smoke on your premises.
• Explain to them that the business has a smoke-free policy to ensure a safe environment for all staff and customers.

If the person smoking is an employee

• If your warning has been ignored, immediately ask them to leave the premises (and, where relevant, inform them where they can smoke). 
• If the person refuses, implement your normal disciplinary procedure for anti-social/illegal behaviour in the workplace. 
• Maintain a record of all such incidents and outcomes.

If the person smoking is a customer

• Explain that staff are obliged to refuse service if the customer continues to smoke.
• If the customer carries on smoking, ask them to leave the premises (and, where relevant, inform them where they can smoke). If he/she refuses, implement the normal procedures for anti-social/illegal behaviour in the premises.
• Maintain a record of all such incidents and outcomes.

Help for smokers who wish to quit

The Health Promotion Department operates a free service to smokers who wish to quit. To find out more, call the smokers quit line on 0800 735 1155.

Enforcing the new smoking law

The law will be enforced by Environmental Health Officers who have been authorised to carry out this work. These officers already work closely with food businesses throughout Jersey. Authorised enforcement officers have the power to enter premises to determine whether the law is being upheld. They will also assess whether or not those in control of the premises have taken all reasonable precautions to avoid people smoking. Inspections carried out by Environmental Health Officers will either be pro-active (to advise businesses and to confirm compliance with the law) or re-active (in response to a complaint). Inspections may also be incorporated within other routine food hygiene inspections.

Enforcement officers may carry out inspections in a number of different ways. This could include inspections:

• Where officers will announce themselves prior to assessing the situation within the premises; or
• More covert surveillance, where officers will assess the situation by observation, then identify themselves following a period of surveillance.