No Smoking Regulations
If your community group or organisation owns premises, or is renting or hiring premises, you should be aware of your legal requirements regarding smoking.
The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 makes it an offence to smoke in any premises which are wholly or substantially enclosed and which:
the public (or a section of the public) has access to
are places of work used by persons who are employees
are being used by and for the purposes of a club or other unincorporated association
are being used wholly or mainly for the provision of education, health or care services
These premises include:
halls and any other premises used for the assembly of members of the public for social or recreational purposes
crèches, day nurseries, day centre’s and other premises used for the day care of children or adults
premises used for, or in connection with, public worship or religious instruction, or the social or recreational activities of a religious body
Your legal duties
Under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006, if your community group owns, hires or uses one of the types of premises covered by the regulations, you are legally required to:
ensure no-one smokes on the premises
display warning notices in no-smoking premises
Penalties for non-compliance
Environmental Health Officers have the power to enter all 'no-smoking premises' in order to establish that the smoke-free legislation is being enforced in accordance with the law. Environmental Health Officers can also give out fixed penalty notices to people whom they believe are committing, or have committed, an offence under the legislation. It is an offence for someone to fail (without reasonable cause) to give their name and address on request by an enforcement officer.
Those in control of no-smoking premises could be liable to a fixed penalty fine of £200 if they do not take reasonable action to prevent someone smoking on the premises, or if they do not provide adequate 'No Smoking' signs. Individuals who smoke in no-smoking premises will be liable to a fixed penalty fine of £50. Refusal to pay or failure to pay may result in prosecution and a fine of up to £2,500.