Non-Smoking Compliance
From 1 July 2007 we became responsible for the enforcement of smoke free laws in Birmingham. There are three offences:
- Smoking in a smoke free place or vehicle
- Not displaying appropriate no smoking signs in a smoke free place or vehicle
- Allowing smoking in a smoke free place or vehicle.
To report a non-compliance issues press the online form button above, or alternatively contact the national hotline on 0800 587 1667.
For more advice and information for commercial businesses please see smokefree information for licensed businesses.
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Certain premises may have exemptions from the smoke free laws.
- Hotels, guest house, inns and hostels
- Care homes
- Hospices
- Prisons
- Specialist tobacconists (only for the purposes of sampling goods)
- Mental health units
- Research and testing facilities
- emissions from tobacco and other products used for smoking
- development of products for smoking with lower fire hazards
- the fire safety testing of materials involving products for smoking
- smoking cessation programmes
- Performers. It is appropriate for a person to smoke as part of a performance. They can do so only for the 'main' performance.
The list of exemptions needs to be considered in conjunction with the table of conditions required to be met for designated rooms which is set out below.
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The table below details the conditions that must be met for designated rooms in a specified premises, as set out in the Smoke-free (Exemptions and Vehicles) Regulations. A "yes" on the chart means that the condition must be met in order to designate a room for smoking. If all required conditions are not met in any designated room in a specified premises, the room must be smoke free under the provisions in the Health Act 2006.
Type of Premises
Accommodation for guests and club members (hotels, guest houses, inns, hostels, or members clubs), not including dormitories.
Other residential accommodation (only care homes, hospices and prisons).
Research and testing facilities (limited to those engaged in research or tests specified in regulations).
Mental Health Units that provide residential accommodation (exemption allowed until 1st July 2008).
Specialist tobacconist shops (as defined in the Tobacco Advertising and Promotion Act 2002.
Type of room that can be designated
Guest bedrooms, set apart exclusively for sleeping accommodation
Bedrooms or rooms used only for smoking.
Rooms used for specified research or tests.
Bedrooms or rooms used only for smoking.
Entire shop
Room designated in writing by the person in charge of the premises, which the permitted smoking room is located.
yes
yes
yes
yes
Room has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls.
yes
yes
yes
yes
yes
Room does not have a ventilation system that ventilates into any smoke free area.
yes
yes
yes
yes
yes
Room does not have any doors that open onto smoke-free premises, which is not mechanically closed immediately after use.
yes
yes(except prisons)
yes
yes
yes
Room is clearly marked as a room in which smoking is permitted.
yes
yes
yes
yes
yes
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See external website for further information.
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Yes. The Primary Care Trust (PCT) has a range of services across Birmingham. They run support groups and most GP surgeries have trained staff that can offer one to one appointments. The PCT will also run support groups for your employees, staff and customers in your business premises. For further information you may wish to contact the local NHS Stop Smoking Service on 0800 0525 855.
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All leased cars are exempt. Vehicles being primarily used for business purposes should be smokefree and display the appropriate no-smoking signs.
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No. If you own premises that the public can access or which more than one person works in then all enclosed and substantially enclosed areas must be smokefree. This essentially means that all indoor areas must be smokefree. The only exemptions to this rule are living quarters in hostels, and nursing homes in which a smoking room can be designated, and in hotel bedrooms.
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Sole traders also need to comply with the law, unless they are working from home.
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Enclosed and substantially enclosed workplaces are those with a ceiling or roof and more than 50% of their perimeter consisting of walls (including windows and doors). This effectively means all indoor areas.
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- Anyone found smoking in a smoke free place would be served a Fixed Penalty Notice, for committing the offence.This will increase if payment is not received promptly.
- Failure to display the appropriate no smoking signs would result in a Fixed Penalty of £200
- Failing to prevent smoking in a workplace will result in prosecution of the manager on duty with a fine of up to £2,500
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If you haven't been able to find the information that you need then the link below will take you to a form that you can use to ask us further questions.
Service Specific Enquiry
Smoke free factsheet 
