• The Health Act 2006 comes into force at 6.00a.m. on 1st July 2007
• £30 million has been set aside to enforce the ban against smoking
• Premises must be "smoke-free" if they are:
• Open to the public
• Used as a place of work by more than one person (even if persons who work at the site do so at different times) or where members of the public might attend
• The law applies to premises that are enclosed or substantially enclosed
• Openings for doors, windows or passageways cannot be taken into account to escape the Act and so all roofed buildings including marquees/tents are caught by the legislation
• The law does not apply where the opening in the walls of a roofed structure exceeds 50% - so for example a canvas awning with waist high wind barriers is exempt, but a hotel balcony, as it generally has three walls, is not. An open wire cage is an open structure
• There are exemptions in respect of hotels (i.e designated bedrooms only) care homes and prisons
• However, it would not be possible to hire out a designated bedroom for a business meeting and allow smoking- as then it ceases to be used as a bedroom and becomes a work place
• Company cars are work places and if used by more than one employee or customers attract the new law and must be smoke-free at all times. Remember use of car windows/ sunroofs does not provide protection from prosecution
• Offences of permitting smoking in a "smoke-free" place can be committed by a company, partnership or unincorporated associations. Where committed with the consent or connivance of a partner or officer of the firm then that person is also liable
• Regulations require that signs with specific dimensions be displayed - even in cars
• Fixed Penalty notices can be issued to persons who smoke in breach of the rules
• The heavier penalty of a criminal conviction in the court is the only option for persons who permit smoking on the premises

A couple of issues:

• If you run a small bed and breakfast operation - can non-smokers be allowed to use designated smoking rooms? Loss of ability to fill your guest rooms could have serious repercussions on the viability of your business
• How do you cope if you have no outside areas, and are located in landlocked premises?

Finally a provocative thought about the company car. Can you allow your spouse to light up in a car that is not for your sole or exclusive use? The answer I am afraid is "no"