Anyone who does not comply with the new smokefree law will be committing a criminal offence. The legislation will be enforced by Business Compliance Officers from St Albans City and District Council. The fixed penalty and maximum fine for each offence are set out below.
Smoking Penalties
| Offence | Who Is Liable? | Fixed Penalty (if paid in 15 days) | Fixed Penalty (if paid in 29 days) | Court Awarded Fine |
|---|
| Smoking in a Smokefree Place | Anyone who smokes in a smokefree place | 30 | 50 | Up to £200 |
| Failing to display required No Smoking signage | Anyone who manages or occupies a smokefree premises or vehicle | 150 | 200 | Up to £1000 |
| Failing to prevent smoking in a Smokefree place | Anyone who manages or occupies a smokefree premises or vehicle | N/A | N/A | Up to £2500 |
There is a further offence of Obstruction of an Authorised Officer that carries a penalty of up to £1000.
Any person who receives a fixed penalty notice may choose to have the matter dealt with by the Courts. A person who fails to pay a fixed penalty notice may also be referred to the Courts.
Exemptions from the scope of the Act
Performers on stage.
Offshore platforms (none in SADC).
Specialist tobacconists (none in SADC).
Artistic performance.
Private accommodation - but not enclosed, shared access stairways and corridors.
Accommodation for guests (hotels) - but requirement for designation and labeling of smoking bedrooms i.e. Signage for "Smoking" Rooms - there are requirements for ventilation and self-closing doors.
"Other" residential accommodation (care homes, hospices, mental health Mental Health Units and Prisons units and prisons for adults).
For further information please call 01727 866100 or e-mail environmental@stalbans.gov.uk