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Smoke Free Northern Ireland
Since 30th April 2007, it is against the
law to smoke in public places, workplaces, work vehicles and certain vehicles in
Northern Ireland.
In 2005, the Minister for Health asked the public for views on
three options on the use of tobacco in Northern Ireland. There were
71,000 responses to this question and 91% supported a preference
to adopt the approach taken in Scotland, the Republic of Ireland
and many other cities and countries worldwide to ban smoking in
all enclosed public places and workplaces.
The Northern TCG welcomes this legislation, which will
save lives. It will protect the public and employees from the harmful
effects of tobacco smoke. Smoking is the single greatest cause of
preventable illness and premature death in Northern Ireland and
we hope that this legislation will give smokers that extra incentive
they may need to give up.
This page provides details about what this means
to you, whether you are a smoker or non-smoker.
Why a ban on smoking in enclosed public places?
The ban is a workplace health and safety issue. There are very
serious health risks for those exposed to second-hand smoke (breathing
in tobacco smoke from a smoky environment).
Second-hand smoke is the term used to describe the gases and particles
in the air that result from smoking tobacco. Second-hand smoke contains
around 4,000 chemicals.
Smokers run a particularly high risk of disease and one in every
two smokers die prematurely. By breathing in smoke in the air, the
non-smoker is exposed to many of the same health risks as the smoker.
Many years of research shows that exposure to second-hand smoking
is linked to an increased risk of lung cancer and heart disease.
The risk of developing lung cancer or heart disease is about 25%
higher for people exposed to passive smoking, lung cancer by 20-30%
and stroke by 80%.
Second-hand smoking can also cause other problems for the non-smoker
such as irritation of the lining of the mouth, nose and throat,
coughing, headaches, loss of the sense of small and it may trigger
asthma by 40-60%.
What premises are affected?
The legislation applies to the following premises:
- ‘Enclosed’ or ‘Substantially Enclosed’;
- Premises are ‘enclosed’ if they have a ceiling or roof and, except for doors, windows and passageways, they are wholly enclosed either permanently or temporarily.
- Premises are ‘substantially enclosed’ if they have a ceiling or roof but there is an opening; or an aggregate area of openings, in the walls which is less than half of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.
In determining the area of an opening or an aggregate area of openings, no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.
- Open to the public;
- Used as a place of work by more than one person;
- Where people might attend to seek or receive goods or services.
- Work Vehicles and Public Transport
- Enclosed vehicles must be smoke-free if they are used by members of the public or a section of the public or in the course of paid or voluntary work by more than one person.
- A vehicle is not used in the course of paid or voluntary work where it is used primarily for the private purpose of the person who owns it or has a right to use it which is not restricted to a particular journey
There are a lot of places where you can no longer smoke, such
as:
- Pubs and clubs
- Offices, factories or other workplaces
- Indoor public attractions
- Cafes and restaurants
- Hospitals
- Sport centres
- Community centres and premises of voluntary organisations
- Hotels
- Theatres
- Shopping centres
Exemptions to the ban
Smoking is still permitted in:
- Private accommodation
- Designated bedroom in a hotel, guest house, inn, hostel or members’ club
- Designated rooms in residential care homes and nursing homes, hospices
- Prisons, young offenders centres & remand centres
- Police detention cells or interview rooms (until 30/04/08)
- Police exercise areas (until 30/04/08)
- Specialist tobacconists
- Research or testing facilities
- Mental health units (until 30/04/08)
The Legislation
Those responsible for smoke-free premises and/or smoke-free vehicles are required to display no-smoking signs that are clearly visible to all employees, customers and visitors.
Premises: The legislation states that these signs must be displayed at each entrance to smoke-free premises and be minimum A5 in size.
Vehicles: There is a corresponding duty on operators of smoke-free vehicles to display signs. There must be at least one sign in an enclosed compartment used by operators, drivers or passengers and the international ‘no-smoking’ symbol must be displayed (at least 75mm diameter);
Failure to Comply with the Legislation
Penalties will be enforced if premises or vehicles do not comply with the legislation by:
- Failing to display required no-smoking signage
- Smoking in a smoke-free place
Who Enforces the Ban?
The Legislation is enforced by Environmental Health officers in the District & Borough Councils
If you want more information about what this means for your organisation,
workplace or business, advice can be sought from the Environmental
Health Departments in each of the Councils in the board area, as below;
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