No-smoking legislationImportant information for employers, managers and

those in control of premises in the Isle of Man

March 3 2008

Key facts on no-smoking legislation

Produced by the Department of Local Government and the Environment

The No-Smoking in Premises Regulations 2007 comes into effect on 30March 2008 From this date it will be an offence to smoke in most‘wholly enclosed’ and ‘substantially enclosed’ workplaces and publicplaces, including work vehicles and public transport. Wholly enclosedand substantially enclosed are defined in Appendix 1 which alsocontains details of some other definitions under the Regulations.

• The legislation is being introduced to protect workers and the publicfrom exposure to second-hand smoke and will be enforced by theDepartments Environmental Health Officers.

• Unless an exemption applies, premises are no-smoking if they arewholly enclosed or substantially enclosed.

• Those responsible for no-smoking premises and/or no-smokingvehicles will be required to display no-smoking notices so that theyare clearly visible to all employees, customers and visitors. Failure tocomply may result in a prosecution, for which the maximum penaltyon summary conviction will be £5,000.

• The law requires those responsible for no-smoking premises toprevent or stop a person smoking there. A similar requirement ismade of drivers, those with management responsibilities and thosewith responsibility for order and safety on no-smoking vehicles.Failure to comply may lead to a prosecution for which the maximumpenalty on summary conviction will be £5000.

• Information on no-smoking legislation and how to obtain free no-smoking notices is available athttp://www.gov.im/dlge/enviro/food/smoking_ban.xmlor by contacting the Department of Local Government and theEnvironment (please refer to Appendix 2 for contact details).

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Contents1 Introduction 4

2 Why is no-smoking legislation required? 4

3 Where will no-smoking legislation apply? 4

4 Exemptions 4

4.1 Residential accommodation 5

4.2 Designated rooms and bedrooms 5

4.3 Private vehicles 6

5 How to comply with the law 6

5.1 No-smoking notice in no-smoking premises 7

5.2 No-smoking notice in no-smoking vehicles 7

5.3 Obtaining free no-smoking notice 8

5.4 What to do if someone is smoking in no-smoking premises 8

5.5 Compliance line 9

5.6 Outdoor smoking shelters 9

6 Enforcing no-smoking legislation 9

7 Penalties for not complying with no-smoking legislation 10

8 No-smoking policy 10

9 Litter 11

Appendix 1: The Public Health (Tobacco) Act 2006 12

Appendix 2: Contact details 14

Appendix 3: Sample no-smoking policies 15

Appendix 4: Guidelines for Bar and Waiting Staff 19

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1. Introduction

From Sunday 30th March 2008 it willbe an offence to smoke in mostwholly enclosed and substantiallyenclosed workplaces and publicplaces, including work vehicles andpublic transport.

This publication, along with awebsite,http://www.gov.im/dlge/enviro/food/smoking_ban.xml providesuseful information about no-smokinglegislation and is for guidance only. Anyone in doubt about theirlegal obligations should seekindependent legal advice.

2. Why is no-smokinglegislation required?

The primary aim of no-smokinglegislation is to protect employeesand the general public in the Isle ofMan from exposure to second-handsmoke.

Tynwald firmly believes that thescientific and medical evidencedemonstrates clear health risksassociated with exposure to second-hand smoke. The body of evidencein this area is detailed and extensive,has been critically reviewed and isinternationally accepted.

3. Where will no-smokinglegislation apply?

From 30th March 2008, no-smokinglegislation will apply to mostpremises which are wholly enclosedor substantially enclosed.

(a) Premises open to the publicor a section of the publicmust be no-smoking.

(b) Premises must be no-smoking ifthey are used wholly or mainlyas a place of work:

(c) Premises used as a club or otherunincorporated association, or

(d) Premises used for the provisionof education, of health or careservices

No-smoking legislation will also applyto vehicles which are used for thetransport of members of the publicor a section of the public, forexample, buses, taxis and trains, andvehicles which are used for work byone or more persons (even if thepersons who work there do so atdifferent times or onlyintermittently).

4. Exemptions

There are few exemptions to no-smoking legislation. Those availableare subject to certain conditions. Theexemptions are:

• Residential accommodation;

• a designated bedroom in thefollowing:- a hotel, a guest house,an inn, a hostel or a members’club;

• a designated room in thefollowing:- a residential care home,a nursing home or a hospice;

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• a designated room in residentialaccommodation in a psychiatricunit;

• a designated room used as adetention cell or interview roomwithin a police station;

• a designated room in an offshoreinstallation;

• Private vehicles.

4.1 Residential accommodation

The legislation does not requireprivate accommodation and dwellingsto be no-smoking except for thoseareas that are used as a place ofwork and communal areas, such asstairwells in apartment blocks.The legislation does not apply towork undertaken in a privatedwelling on behalf of a person livingin the dwelling:-

• that is carried out solely to providepersonal care;

• to assist with domestic work;

• to maintain the structure or fabricof the dwelling; or

• to install, maintain, or remove anyservice provided for theinhabitants.

This means that, for example, therewill be no legal requirement for anindividual not to smoke in their ownhome if a tradesman, nanny, cleaner,or carer is present. In suchcircumstances it is recommended

that the householder and the personproviding the service come to anagreement, in advance of the visit,about whether, when, and wheresmoking may take place.

4.2 Designated rooms andbedrooms

A person having the management orcontrol of hotels, guest houses, inns,hostels, members’ clubs to which anexemption from the no-smokinglegislation may apply, shouldcarefully consider the definition of‘designated bedroom’ and shouldcarry out a risk assessment for staffwho have to enter the bedroom forservicing or other reasons

A person having the management orcontrol of residential care homes,nursing homes, hospices andpsychiatric units to which anexemption from the no-smokinglegislation may apply, shouldcarefully consider the definition of‘designated room’.(See Appendix 1).

Key points to note are:

• Where a room or bedroom isdesignated as one where smokingmay take place, the designationmust be in writing. The person incharge of the premises must makethe written designation availablefor inspection by an EnvironmentalHealth Officer at any time.

• Rooms or bedrooms that aredesignated for smoking must beclearly marked as rooms in which

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smoking is permitted. There is noobligation upon persons in chargeof premises to allow smoking totake place just because anexemption is available under no-smoking legislation. Theregulations aim to provide theflexibility for those in charge todecide whether exemptions areappropriate, based on factors thatare specific to their premises.These may include the nature ofthe client, resident or customerbase, the physical lay-out of thepremises and the application ofother legislation, such as healthand safety.

• Where rooms or bedrooms aredesignated for smoking the personin charge of the premises mustissue guidelines to minimise anyrisk of exposure to second handsmoke by staff servicing such roome.g. have the room thoroughlyventilated for a period of time priorto the commencement of workwithin the room.

4.3 Private vehicles

Private vehicles means a vehiclewhich is used primarily for theprivate purposes of the person who

owns it i.e. domestic and leisure use.It can be used for occasionalbusiness use.

5. How to comply with the law

From 30th March 2008, all thoseresponsible for no-smoking premisesand no-smoking vehicles must takereasonable steps to ensure thatemployees, customers and othervisitors do not smoke.

The legislation requires thoseresponsible for no-smoking premisesand/or no-smoking vehicles to:

• display no-smoking notices (seeparagraph 5.1); and

• take reasonable steps to stoppeople from smoking, includinginforming smokers that they arecommitting an offence.

In addition it is alsorecommended that thoseresponsible for no-smoking premisesand/or no-smoking vehicles take thefollowing minimum action:

• implement a no-smoking policy –ensuring that all staff are aware ofthis policy and its implications (seesection 8);

• remove all ashtrays;

• inform persons smoking that theyare committing an offence;

• request that they extinguish theirsmoking materials or leave; and

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• refuse service to individuals whoare smoking in no-smokingpremises.

5.1 No-smoking notices in no-smoking premises

With the exception of those premisesreferred to in Schedule 1 paragraph19, the legislation requires thoseresponsible for no-smoking premisesto display at least one no-smokingnotice in a prominent position ateach public entrance.

This notice must:

• be a flat,rectangularnotice that isnot less than A5 in size;

• bear the international no-smokingsymbol at least 75 millimetres indiameter (see definition Appendix1);

• contain, in characters that can beeasily read, the following words:‘No-smoking. It is an offenceto smoke in these premises’.

On the notice, the words ‘thesepremises’ may be replaced by wordsreferring to the particular no-smokingpremises, for example, ‘this hotel’.

In addition to the no-smoking signrequired at the entrance to no-smoking premises at least oneno-smoking notice displayed in no-smoking premises that are not avehicle shall, display the name of theperson to whom a complaint may be

made by any person who observesanother person smoke in the no-smoking premises. That namemay be the actual name of theperson in control or their title e.g.Manager

A no-smoking notice that displaysthe international no-smoking symbolis the minimum requirement atentrances to no-smoking premiseswhich:

• are located within other no-smoking premises (for example,a shop within an indoor shoppingcentre such as the Strand ShoppingCentre); or

• are for staff only (providing thatthe premises display at least onerectangular notice with words asdetailed under 5.1 on page 7).

5.2 No-smoking notices in no-smoking vehicles

The legislation requires thoseresponsible for a no-smoking vehicleto display a no-smoking notice ineach compartment. These

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no-smoking notices must display theinternational no-smoking symbol (seedefinition Appendix 1).

5.3 Obtaining free no-smokingnotices

Examples of no-smoking notices areincluded with this document andadditional supplies, including noticesfor no-smoking vehicles, are availablefree of charge by contacting theDepartment. Free notices are alsoavailable to download atwww.gov.im/dlge/enviro/food/smoking_ban.xmlBut those responsible for the displayof notices will need to consider thecolour requirements as set out inAppendix 1. The Department canprovide advice on the types ofnotices premises are required todisplay in order to comply with no-smoking legislation (please referto Appendix 2 for contact details).

5.4 What to do if someone issmoking in no-smokingpremises

It is anticipated that the majority ofpeople will respect the new law onsmoking. However, it is important toknow what to do if someonecontinues to smoke. It isrecommended that:

• the individual’s attention is drawnto the ‘no-smoking’ notices; thatthey are reminded they arecommitting an offence; and thatthey are politely asked to stopsmoking;

• the individual is advised that it isalso an offence for thoseresponsible for no-smokingpremises to allow anyone tosmoke;

• it is explained to the individual thatthe business has a no-smokingpolicy to ensure a safe workingenvironment for all staff andcustomers;

If the person smoking is anemployee:

• if the warning has been ignored,immediately ask the employee toleave the premises (and, whererelevant, inform him or her whereand when they can smoke);

• if the employee refuses, implementthe normal disciplinary procedurefor antisocial/illegal behaviour inthe workplace; and

• maintain a record of all suchincidents and outcomes.

If the person smoking is a customer:

• explain that staff are obliged torefuse service if he or shecontinues to smoke;

• if the customer carries on smoking,he or she should be asked to leavethe premises (and, where relevant,informed where they can smoke);

• if the customer refuses, implementthe normal procedure forantisocial/illegal behaviour in thepremises; and

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• maintain a record of all suchincidents and outcomes. Similarprocedures should be adopted todeal with smoking in no-smokingvehicles.

A notice with instructions for staff inhospitality venues is attached atAppendix 4 and can be placed instaff rooms etc.

In all cases where physicalviolence or intimidation isthreatened or encountered, seekthe assistance of the police.

5.5 Compliance line

A compliance line will operate from30 March 2008. This will allow thepublic to report breaches of no-smoking legislation. All reports willbe followed up by EnvironmentalHealth Officers. The telephonenumber for the compliance line is687000 (calls will be charged at alocal rate).

5.6 Outdoor smoking shelters

Businesses are not required to provideoutdoor smoking areas for staff orcustomers, but if such facilities areunder consideration then legal andplanning advice should be sought toestablish, among other things,whether the proposed structureswould meet the legal requirements forsmoking to take place.

The Department will be able toprovide further advice on outdoorsmoking shelters. Please refer toAppendix 2 for contact details.

6. Enforcing no-smokinglegislation

No-smoking legislation will beenforced by the DepartmentsEnvironmental Health Officers. Theseofficers already work closely withbusinesses in areas such as foodsafety, and health and safety. Asimilar approach will be used toimplement the new smoking law –providing advice and support tobusinesses wherever possible.

Enforcement officers have the powerto enter any premises (other thanpremises used only as a privatedwelling house not open to thepublic) to determine whether the lawis being upheld. They will also assesswhether or not those in control ofthe premises have taken allreasonable precautions to avoidpeople smoking.

Inspections carried out byenforcement officers will either bepro-active (to advise businesses andto confirm compliance with the law),or re-active (in response to acomplaint). Inspections may also beincorporated within other health andsafety, and food hygiene inspections.

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Enforcement officers may carry outinspections in a number of differentways. This could include inspections:

• where officers will announcethemselves prior to assessing thesituation within the premises; or

• more covert surveillance, whereofficers will assess the situation byobservation, then identifythemselves following the period ofsurveillance.

At all times, officers will striveto adopt a non-confrontationalapproach.

7. Penalties for not complyingwith no-smoking legislation

Failure to comply with no-smokinglegislation will be an offence.

• Failure to prevent smoking in no-smoking premises may lead to amaximum fine on summaryconviction of up to £5000.

• Failure to display no-smokingnotices may lead to a maximumfine on summary conviction of upto £5000.

• Smoking in a no-smoking placemay lead to a maximum fine onsummary conviction of up to£5000.

8. No-smoking policy

It is strongly recommended that allbusinesses develop and implement awritten no-smoking policy. This policyshould:

• be concise and simple tounderstand;

• identify the members ofmanagement and staff who haveresponsibility for itsimplementation;

• state the procedures to be followedin the event of non-compliance;

• acknowledge the right ofemployees to work in a no-smokingenvironment;

• provide information on how toobtain help to quit smoking; and

• be communicated to all staff and inparticular to new and part-timestaff before they commenceemployment.

If the policy is breached, disciplinaryaction should be taken, similar to theprocedures used for otherdisciplinary matters.

A sample no-smoking policy isincluded in Appendix 3. You canalso download the sample no-smoking policy fromhttp://www.gov.im/dlge/enviro/food/smoking_ban.xml.

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9. Litter

It is envisaged that when the No-Smoking Premises Regulationscome into operation there will be anincrease in litter on the streets.

In other areas of the British Isleswhere the ban is already in force theincrease in litter on the streetsarising from discarded cigarette buttsis approximately 17%.

The persons having the managementor control of premises which aresubject to the no-smokingrequirements are therefore advisedto provide appropriate facilitiesoutside or near to the entrance oftheir premises for the deposal ofcigarette butts.

Remember the Local Authorities/Commissioners enforce the Litter Act

1972 and can require businesses toprovide disposal facilities whereaccumulations of litter occur.

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Appendix 1The Public Health (Tobacco) Act 2006

The Public Health (Tobacco) Act 2006Part 2 prohibits smoking in certain whollyenclosed and substantially enclosedworkplaces and public places, and incertain vehicles. It details the offencesrelevant to the Regulations, such aspermitting others to smoke in and on no-smoking premises, smoking in no-smoking premises, failure to displaywarning notices in no-smoking premisesand gives powers to EnvironmentalHealth Officers of the Department toenter no-smoking premises and createsan offence of failing without reasonablecause to give one’s name and address onrequest by an Environmental HealthOfficer.

The Act also defines no-smokingpremises and enables the Department tomake regulations that will add or removecertain kinds of premises from thelegislation

Part 3 of the Act provides the penaltiesfor non-compliance.

Some relevant definitions under the Actand Regulations are set out below.

• Smoke refers to smoke tobacco, anysubstance or mixture which includes itor any other substance or mixture;and a person is to be taken as smoking if the person is holdingor otherwise in possession orcontrol of lit tobacco, of any litsubstance or mixture whichincludes tobacco, or of any otherlit substance or mixture which isin a form or in a receptacle inwhich it can be smoked.

• Premises includes any building or partof a building; any structure or part of astructure, whether moveable orotherwise; any installation on land, anytent, marquee or stall and any vehicle;

• Vehicle includes any train, bus, carand any vessel (whether navigable ornot), boat or hovercraft;Note: A private vehicle which mayoccasionally be used for work purposesis exempt from the regulations.

• Wholly enclosed refers to premisesthat have a ceiling or roof and, exceptfor doors, windows and passageways,they are wholly enclosed, eitherpermanently or temporarily.

• Substantially enclosed refers topremises that have a ceiling or roof butthere is an opening or an aggregatearea of openings in the walls which isless than half of the area of the walls,including other structures that servethe purpose of walls and constitute theperimeter of the premises. Indetermining the area of an opening oran aggregate area of the openings, noaccount is to be taken of openings inwhich there are doors, windows orother fittings that can be opened orshut. (See figure 1 below)

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Fig 1.Example of substantiallyenclosed premises 6

Fig 2.Example of non-substantiallyenclosed premises 4

• Roof includes any fixed or moveablestructure or device which is capable ofcovering all or part of the premises asa roof, including for example a canvasawning.

• No-smoking symbol means theinternational “no-smoking” symbolwhich consists solely of a graphicrepresentation of a single burningcigarette enclosed in a red circle of atleast 70 millimetres in diameter with ared bar across it

• A designated bedroom in a hotel,guest house, inn, hostel or members’club, means a room which:

(a) is set apart exclusively for sleepingaccommodation;

(b) has been designated in writing bythe person in charge of thepremises in which the room issituated as being a room in whichsmoking is permitted;

(c) has a ceiling and, except for doorsand windows, is completelyenclosed on all sides by solid,floor-to-ceiling walls;

(d) does not have a ventilation systemthat ventilates into any other partof the premises (except any otherdesignated bedroom) or otherpremises;

(e) does not have any door that opensonto smoke-free premises which isnot mechanically closedimmediately after use;

(f) is clearly marked as a bedroom inwhich smoking is permitted; and

(g) clear guidelines have been issuedby the person having managementor control of the hotel, to minimiseany risk of exposure to secondhand smoke by staff servicing suchroom

Bedroom does not include anydormitory or other room that a person incharge of premises makes availableunder separate arrangements for personsto share at the same time.

• A designated room in residential carehomes, nursing homes, hospices andpsychiatric units means a room usedonly for smoking which:

(a) has been designated in writing bythe person in charge of thepremises in which the room issituated as being a room in whichsmoking is permitted;

(b) has a ceiling and, except for doorsand windows, is completelyenclosed on all sides by solid,floor-to-ceiling walls;

(c) does not have a ventilation systemthat ventilates into any other partof the premises (except any otherdesignated room) or otherpremises;

(d) does not have any door that opensonto smoke-free premises which isnot mechanically closedimmediately after use;

(e) is clearly marked as a room inwhich smoking is permitted; and

(f) clear guidelines have been issuedby the person having managementor control of the hotel, to minimiseany risk of exposure to secondhand smoke by staff servicing suchroom.

A PDF file of the Act in full can beobtained from:-http://www.gov.im/lib/docs/infocentre/acts/publichealth.pdf

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Contact details

For advice on the Regulations.

Department of Local Government and the Environment, Murray House, Mount Havelock, Douglas Isle of Man IM1 2SF.

Tel: 01624 685894Fax: 01624 685773

For Planning advice contact:-

Fiona Mullen

Tel: 01624 685153E-mail: Fiona.Mullen@dlge.gov.im

Compliance Line:-

Tel: 01624 687000

For information about local stop smoking services:- Visit www.Quit4You.gov.im or phone 642592 for a leaflet.To arrange free sessions at your workplace for staff wishing to quit,phone Anita Imberger (Tobacco Strategy Coordinator) on 642404

For posters and leaflets about stopping smoking orsecondhand smoke:- Phone Public Health on 642592

Smokefree Mann: www.smokefreemann.gov.im

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Appendix 2

The following are suggested modelsfor a No-Smoking Policy

Model no-smoking policy 1

Purpose

This policy has been developed to protectall employees, service users, customersand visitors from exposure to second-hand smoke and to assist compliancewith The Public Health (Tobacco) Act2006

Exposure to second-hand smoke, alsoknown as passive smoking, increases therisk of lung cancer, heart disease andother illnesses. Ventilation or separatingsmokers and non-smokers within thesame airspace does not prevent exposureto tobacco smoke.

Policy

It is the policy of [INSERT NAME OFBUSINESS] that all of our workplacesare smoke-free and all employees have aright to work in a smoke-freeenvironment. The policy shall come intoeffect on [DATE] and be reviewed on[DATE] by [NAME].

Smoking is prohibited throughout theentire workplace with no exceptions. Thisincludes company vehicles. This policyapplies to all employees, consultants,contractors, customers or members andvisitors.

[IF THERE ARE EXTERNAL AREASWHERE EMPLOYEES ANDCUSTOMERS CAN SMOKE, THESESHOULD COMPLY WITH THE LAWAND CAN BE OUTLINED HERE]

Implementation

Overall responsibility for policyimplementation and review rests with[NAME (the manager or person incontrol of the premises)].

All staff are required to adhere to, andfacilitate the implementation of thepolicy. The person named above shallinform all existing employees, consultantsand contractors of the policy and theirrole in the implementation andmonitoring of the policy. They will alsogive all new personnel a copy of thepolicy on recruitment/induction.Appropriate no-smoking notices will beclearly displayed at the entrances to andwithin the premises.

Non-compliance

Disciplinary procedures will be followed ifa member of staff does not comply withthis policy.

Standard procedures should be followedif a customer, visitor or passenger doesnot comply. Under smoke-free legislation,offences relating to the display of noticesand smoking in a no-smoking place maylead to a prosecution. Failure to preventsmoking in a no-smoking place may leadto a prosecution.

Help to stop smoking

We recognise that some employees mayhave difficulty in giving up smoking. Inaccordance with NICE guidance*, we willallow reasonable time off during workinghours to attend smoking cessationsessions if required.

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Appendix 3

General leaflets and information aboutstopping smoking can be obtained bycontacting Public Health on 642592.

‘Quit4You’ is an island-wide servicewhich provides free help and support toanyone who wishes to stop smoking.Confidential appointments withQuit4You Advisors are available in arange of locations, including 10Pharmacies and 7 GP surgeries. Aspecialist pregnancy service, Quit4Twois also available to help expectant mumsstop smoking.

Quit4You can also arrange workplacevisits depending on the numbersinterested in quitting. This includes a 1hour introduction session in theworkplace, followed by groups or one-to-one support.

Your Health Visitor, Practice Nurse, GPand local Pharmacist, can also provideadvice about stopping smoking.

CONTACT DETAILS

To arrange workplace sessions or findout more about Quit4You:-Tel. Anita Imberger (Tobacco StrategyCoordinator) on 642404 or visit: www.Quit4You.gov.im

For information about Quit4Two(Pregnancy Service):-Tel. Mary O’Connor (MidwifeSpecialist) on 650313 or 456483

For leaflets about stopping smoking(including Quit4You leaflets):-Tel. Public Health on 642592

*NICE (April 2007). Workplace healthpromotion: How to help employees stopsmoking. Public Health Intervention

Guidance 5. Available from:http://guidance.nice.org.uk/PHI5(Accessed 5/6/07)

Model no-smoking policy 2

No-Smoking Policy for (name oforganisation)

Effective from (date)

Introduction

Secondhand smoke is both a public andworkplace health hazard. This No-Smoking Policy seeks to guarantee theright of all to breathe air free of tobaccosmoke and to comply with no-smokinglegislation. Adequate signage will bedisplayed to inform employees,customers, clients and visitors of thesmoke-free status of theorganisation/company.

The Policy

Smoking is not permitted in any part ofthe premises, entrances or grounds atany time, by any person regardless oftheir status or business with theorganisation/company

Smoking will not be tolerated atentrances and exits

OR

Smoking is not permitted in any part ofthe premises or grounds at any time, byany person regardless of their status orbusiness with the organisation/companyexcept by staff members and/orcustomers in the designated area/s (statearea/s or shelters in which smoking isallowed) and at agreed times (state thetimes when smoking will be allowed e.g.official breaks only).

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Cleaning and maintenance ofareas/shelters provided for smoking isthe responsibility of (state whom. Ifthose using the facilities have anyresponsibility for maintenance state whatthese are and what the consequences offailure will be) and will take place (statewhen/how)

Smoking will not be tolerated atentrances and exits

Facilities for disposal of smokingrefuse etc

Receptacles will be provided for thedisposal of cigarette ends and otherwaste smoking materials (state wherereceptacles will be provided and thearrangements made for maintenance)

Vehicles

To comply with smoke-free legislationsmoking is not permitted in companyvehicles or vehicles used for companybusiness.

Unions/health & safetyrepresentative

This policy has been devised in fullconsultation with all employees. It enjoysthe support of trade union and healthand safety representatives.

Informing staff of the policy

Staff have received 90 days advancenotice of the implementation of thispolicy, which is displayed (state where).Further copies of the policy are availableon request (state where)

Visitors

All visitors, contractors, deliverers andtemporary staff are expected to abide by

the terms of this policy. The followingarrangements have been made forinforming them of its existence:

• Adequate signage

• Receptionist / Person greeting willinform the person of the policy, to bereinforced via the invitation letter oremail if required.

• Recruitment procedures

• Job advertisements, job descriptionsand interviews will include reference tothis policy. On their appointment, allnew staff members will be given acopy of this policy.

Help for those who smoke

Smoking employees who wish to quit willbe provided with support to enable themto do so (Personalise as appropriate)

• SEE DETAILS IN MODEL 1

If time to attend Stop Smoking Servicesor to contact help-lines is available duringworking hours specify the detail of howthis is managed

Compliance requirements of thepolicy

Staff breaches of this policy will besubject to the normal disciplinaryprocedures, as stated in employees’handbook.

Specify action to be taken to deal withcustomers or clients who fail to complywith the policy

Implementation and maintenance

Managers and supervisors areresponsible for ensuring the

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implementation and maintenance of thispolicy. However all staff have a personalresponsibility in ensuring their personalcompliance and in ensuring that all thosewho enter the premises are made awareof the policy.

Comments, Complaints, Monitoringand Review

Comments or complaints related to thispolicy should be addressed to (statewhom)This policy will be reviewed (state theregularity)

Changes to the policy

Twelve weeks notice will be given of anychanges made to the policy. Trade unionsand health and safety representatives willbe consulted in good time about anyproposed changes.

This policy was adopted by themanagement team at their meetingon (state when)

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Appendix 4

NO-SMOKING BARS, CLUBS,HOTELS & RESTAURANTS

Guidelines for Bar and Waiting StaffThe Law

From 30th March 2008 smoking is not permitted in enclosed* public places,including bars, hotels, all types of clubs, cafés and restaurants on the Island.

Proprietors cannot permit customers, members or staff to smoke in thesepremises. If they do, on conviction, they (both proprietors and customers)

could be fined up to £5000.

WhySecond-hand smoke kills and causes lung cancer, heart disease and respiratory

illnesses in adults and a variety of conditions in children.There is no safe level of exposure to second-hand smoke, so ventilation

is not a solution.

If someone breaks the law1. Draw their attention to the “No-Smoking” notices.2. Advise them that it is an offence to smoke and politely ask them to stop

smoking.3. Advise them of any place where smoking is permitted, such as beer gardens

or shelters.4. Refuse service to anyone who continues to smoke and ask them to leave.5. If a customer refuses to leave, follow usual procedures for dealing with

anti-social behaviour.6. If threatened, seek the assistance of the police. Do not put yourself in any

danger.

IT IS AN OFFENCETO SMOKE INTHESE PREMISES

*Premises which have a roof and walls on more than 50% of the perimeter.

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