Prohibition of Smoking

The Smoking, Health and Social Care (Scotland) Act 2005 made it an offence to smoke, or permit someone else to smoke, within premises which are enclosed or substantially enclosed.

Substantially enclosed means premises with a roof/ceiling where the openings are less than half of the area of the perimeter of the premises, including walls and any other structures serving the purpose of walls. (Please note that doors and windows are not considered to be open when determining the percentage of open areas in terms of this legislation.)

The Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016 made it and offence for an adult aged over 18 to smoke in a private motor vehicle carrying a child aged under 18 when the vehicle is in a public place.

An amendment to the 2005 Act will create a No-Smoking area immediately outside hospital buildings. Smoking in the No-Smoking area outside hospitals will be an offence which can result in a Fixed-Penalty fine and is expected to be in force early in 2018.

What are my Legal Responsibilities?

The person in control or management of premises (including commercial vehicles, public transport vehicles, taxis, etc.) is, under the 2005 Act, required to take all reasonable steps to prevent smoking in No-Smoking areas and to display the appropriate warning notices. Failing to demonstrate that either requirement has been fulfilled is an offence.

An individual smoking in a designated No-Smoking area is committing an offence under the 2005 Act.

An adult smoking in a private motor vehicle while a person aged under 18 years is in the vehicle is committing an offence under the 2016 Act.

What are Joint-Agency Interventions?

Interventions may be carried out by officers of the Environmental Health Department or by Environmental Health in conjunction with officers of our Licensing Standards or Trading Standards sections.

However, this Service also works in partnership with Police Scotland and HMRC and Council officers conduct Joint-Agency Interventions where officers of the Council will accompany Police and HMRC because of the wide variety of laws and enforcing authorities involved.

Officers of the council will carry identification and will present this during an inspection.

What are the Penalties for contravening the legislation?

Committing an offence under the 2005 Act is subject to the following penalties:

• Person in management/control knowingly permits another to smoke - a fixed penalty notice of £200 or, on summary conviction, to a fine not exceeding level 4, or £2500, on the standard scale;
• Person in management/control knowingly fails to display appropriate warning notices - a fixed penalty notice of £200 or, on summary conviction, to a fine not exceeding level 3, or £1000, on the standard scale;
• Smoking in a No-Smoking area - a fixed penalty notice of £50 or, on summary conviction, to a fine not exceeding level 3, or £1000, on the standard scale.

Committing an offence under the 2016 Act is subject to a fixed penalty notice of £100 or, on summary conviction, to a fine not exceeding level 3, or £1000, on the standard scale.

Where can I get help with the Prohibition of Smoking?

The Environmental Health department can offer advice and guidance on compliance with the legislation and can investigate reports of non-compliance.

Contact details for Environmental Health are provided at the top right of this page.