What you can do
Every business and organisation in Jersey to which the law applies must take ‘all reasonable steps’ to ensure that employees, customers and other visitors do not smoke on their premises. Certain workplaces must also display the required no-smoking signage in such a way as to make staff, customers and visitors aware that they must comply with the smoking law.
How to comply with the smoking law
It is recommended that you take the following minimum action:
- display the 'No Smoking' signs as required and any other appropriate signage to ensure that staff, customers and visitors are aware that smoking is not permitted upon the premises
- remove all ashtrays
- remove any signage that suggests smoking is allowed
- develop a smokefree policy with staff to ensure that infringements by employees, customers, members, and so on are dealt with under a clear and agreed procedure
- inform anyone smoking that they are committing an offence
- request that they cease smoking immediately or leave the premises
- indicate to them the nearest external point where smoking is permitted
- refuse service to individuals who are smoking against the law
- if a customer refuses to leave, follow usual procedures for dealing with anti-social behaviour
- if threatened, seek the assistance of the police: do not put yourself in any danger
Smokefree policy
To communicate the law and all of its implications, we recommend that you develop and implement a written smoke free policy within your organisation.
Developing a smokefree workplace policy
Enforcing the smoking law
The law will be monitored by the Health and Social Service Department’s Environmental Health Officers who will refer contraventions for action but will provide advice and support for businesses whenever possible. Inspections carried out by Environmental Health Officers will either be proactive (to advise businesses and to confirm compliance with the law) or reactive (in response to a complaint). Inspections may also be incorporated within other routine visits. When carrying out inspections Environmental Health Officers may:
- announce themselves prior to assessing the situation within the premises
- assess the situation by observation before identifying themselves following the period of surveillance
To register complaints of non-compliance with the law, people should ring the Health Protection Department.
No smoking signage for premises
It is a requirement of the law that signs are displayed at the main entrance(s) of licensed premises, premises registered under the Tourism (Jersey) Law 1948 and premises registered under the Places of Refreshment (Jersey) Law 1967. Other workplaces may choose to place appropriate no-smoking signs.
The signs must be clearly visible and prominently displayed, be no less than 230 millimetres high by 160 millimetres wide and must display the international 'No-Smoking' symbol, no less than 110 millimetres in diameter.
Download no-smoking sign (size 64kb)
Download factsheet 7: legal signage (size 51kb)
Smoking litter
Employers are not obligated to provide stub-out bins for employees or customers. However, to minimise smoking-related litter appropriate smoking litter bins are available.
There are many purpose-made stub-out cigarette bins available on the market. A quick internet search will help identify the range of products available.
Contrary to many people's view cigarette butts are not bio-degradable. The filters can take many years to decompose.
Smoking shelters
Since implementation of the Restriction on Smoking (Workplaces) (Jersey) Regulations, on 2 January 2007, workplace smoking rooms are no longer be permitted.
Smoking is prohibited in all enclosed public places and enclosed shared workplaces.
There is no obligation to provide smoking shelters for employees or customers but such shelters may be provided if they are not by definition themselves enclosed public places or workplaces.
Therefore, smoking shelters must not be structures:
- which are covered by a roof or ceiling and which have more than 50% of the perimeter made up of one or more walls and similar structures (or either of them)
- which are used as, or as part of, a place of work by persons who are employees
In effect any smoking shelter must have at least half of its sides completely open.
Siting of shelters
Ideally a smoking shelter should not communicate directly with an enclosed public place or workplace (eg via an open window or open door) as this would effectively make it an extension of that place. Smoke from the shelter should not discharge into a public place or workplace.
Planning considerations
The erection of a smoking shelter or change of use of a structure to that of a smoking shelter may require approval to be sought via an application to the Planning Department.
If you would like specific advice regarding a planned smoking shelter contact the Health Protection Department.
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