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If you are in charge of smoking free premises and/or vehicles, you will have a legal responsibility to prevent people from smoking in them.
If someone does smoke in any premises or vehicles you are responsible for, here are some practical steps you might take to deal with them.
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Point to the no smoking signs and ask the person to stop smoking or go outside.
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Tell them you would be committing an offence if you allowed them to smoke, and they are breaking the law by smoking in a smoke-free premises or vehicle, and both parties could be fined.
If an employee refuses to stop smoking;
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Remind them the new law is to protect employees and the public from the harmful effects of their second-hand smoke.
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If necessary, put into practice your disciplinary procedure for non-compliance
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Keep a record of where and when the incident took place, the name of the person involved and the outcome.
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Staff are not permitted to smoke in the premises even when they are closed to the public, except in private accommodation within the premises.
If a customer refuses to stop smoking;
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Explain that staff will refuse to serve them if they continue to smoke, and they will be asked to leave your premises.
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If they won’t leave implement your normal procedure for anti-social or illegal behaviour in your premises.
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Keep a record of where and when the incident took place, the name of the person involved and the outcome.
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If physical violence is threatened by a person smoking, we suggest you notify and/or seek assistance from the police.
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