Smoking is banned in all workplaces or places the public has access to such pubs, shopping centres, restaurants that are enclosed or substantially enclosed (more than 50% enclosed).
To comply with the law, as a business you need to:
- ensure you do not allow your staff or customers to smoke inside
- display warning notices at entrances
Smoking (which includes shisha) is allowed where the requirements have been properly met for a structure to be non-substantially enclosed.
Enforcement
In the last 3 years, Ealing Council has prosecuted over 15 shisha business operators for not complying with smoke-free laws with total fines of up to £83,000. One business was fined £17,000. Would you want to take this risk?
To prevent this from happening to you if you are a shisha business operator, you need to consider the following:
- safety and risk management - assess risks in your premises, especially where people smoke
- fire safety - provide fire alarms, extinguishers and keep fire exits clear and clearly signed
- underage sales and customer protection
- products and labels – shisha tobacco to have correct labelling
- planning and licensing regulations
- noise, anti-social behaviour and insurances
- staff and customer education – training and awareness of health risks of smoking shisha and second-hand smoke and carbon monoxide
Council officers will help with advice and visits are carried out to confirm compliance or in response to complaints. However, persistent non-compliance can lead to prosecution.