Leader magazineASCL - Association of School and College Leaders

No smoking

Stubbed out Cigerette

Members will be aware that they have a duty from 1 July to make their premises smoke free and to take steps to ensure that this is so, including erecting warning notices. Smoking rooms will no longer be permitted.

The legislation covers all workplaces and public places which are enclosed or substantially enclosed. 'Substantially enclosed' means rooms which have a ceiling or roof and any openings in the walls smaller than half the total area of walls. A smoking shelter may be provided if it has openings larger than that, for instance a bicycle shed.

Owners of premises are liable if smoking takes place on their premises but members will be relieved to know that under Section 8 (5a,b,c) of the Health Act 2006, it is a defence that the responsible person has: taken reasonable steps to cause a smoker to stop; did not know, or could not be expected to know that someone was smoking; or had other reasonable grounds for not complying with the duty.

This should keep members safe from the punitive fines at the disposal of the courts if they fail to prevent youngsters from surreptitiously smoking at school.

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