What the law means
It is illegal to smoke in most indoor places other than private homes, including:
- public transport
- all clubs
The law prohibits smoking in enclosed public places. These are premises:
that are covered by a roof or ceiling
where 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 public access is by payment or not.
Why the law is in place
The need for a law to ban smoking in enclosed workplaces is because:
- 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
Places where the law does not apply
There are few exemptions to the 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)
Failure to comply with the 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 the smoker themselves may be fined up to £5,000.
Failing to display no smoking signs could result in a fine of up to £2,000, depending on the workplace.
Download factsheet 1: general information on the smoking regulations (size 69kb)