Membership Adviser, Philip Moody, said there are a number of things business owners and managers must do. 

"The legal responsibility will be placed upon the business owner to make sure that his/her workplace becomes and remains smoke free. No-smoking signs will be a legal requirement, staff, customers and other visitors must be made aware that both premises and company vehicles must be smoke free, and any indoor smoking rooms must be removed." 

Failure to display the required signs could result in fines up to £1,000 and failing to enforce the ban could land them with a fine of up to £2,500. Anyone who controls or manages smoke-free premises and vehicles is responsible for preventing people from smoking in them. That might be a difficult process, warns Mr Moody. 

"If a customer is smoking, then there is the possibility that you may offend him/her and lose that person's custom. However, the consequence of inaction could be a costly fine, so a diplomatic approach must be taken. Draw the person's attention to the no-smoking sign, point out he/she is committing a criminal offence and remind the person that it is your responsibility to stop him/her smoking. If he/she persists, you have to ask the person to leave." 

Employees can be disciplined for smoking on the premises or in work vehicles. Mr Moody advises talking to staff and incorporating the smoking ban into health and safety policies. 

"Staff need to know that they, as well as the company, are at risk of a fine. Employees could face a fixed penalty notice of £50 or be fined up to £200 in court. If it is on paper, as part of company policy, then it is clear that a breach of the rules will lead to disciplinary action." 

There will be a need to show that steps have been taken to meet the requirements, such as removing ashtrays. The smoke-free law applies to virtually all enclosed and substantially enclosed public workplaces, and both permanent and temporary structures, such as tents or marquees. Employers considering building an outdoor shelter should consider several things, according to Mr Moody. 

"There is no legal obligation to build such a shelter for employees or members of the public, but there could be consequences for businesses that do. Before you do anything, discuss plans with your local council. You may need planning permission and there could be other issues to consider, such as noise and litter." 

There are exemptions from the law for certain types of businesses. For example, hotels, inns and hostels may designate guest bedrooms for smoking. Care homes and hospices may designate individual rooms and specialist tobacconist shops may allow people to sample tobacco on the premises.

The FPB's Health & Safety Guide

A successful business is dependent on the health and welfare of its employees and customers. The business-owner is responsible for ensuring a safe working environment and minimising risk created by the operation of the business. The FPB's Health & Safety Guide is designed to help do this with the minimum of fuss.

Easy-to-follow sections cover general and sector-specific guidance on complying with health and safety regulations and the ‘comply-as-you-complete' format ensures the business owner can stay fully up to date with the law simply and easily.

Risk assessment forms covering general, fire and asbestos issues are available in both hard copy and electronic format, to help the business owner evaluate current risks, and essential contact details for a variety of useful third parties will ensure that all the information you need is always to hand. For more information, visit www.fpb.org/guides