Smoking, Tobacco Control & Vapes

Smoke Free

Smoking is the single greatest cause of preventable illness and premature death in Northern Ireland, killing around 2,300 people each year. In April 2007, smoke free legislation was introduced that prohibited smoking in 'enclosed' and 'substantially enclosed' workplaces and public places. The legislation also extended to work vehicles and public transport. The primary aim of the legislation was to protect employees and members of the public from exposure to second-hand smoke.

The legislation created the following offences:

Smoking in a smoke free premises or vehicle by members of the public or employees, may resultin a fixed penalty notice of £50, or a maximum fine of £1,000 if prosecuted and convicted by a court.
Failure to display "No Smoking" signage. Those responsible for smoke free premises are required to display no smoking signage in a prominent position at each entrance to the premises. Those responsible for smoke free vehicles are also required to display no smoking signage in each compartment where people sit. Failure to display No Smoking signage may result in a fixed penalty notice of £200 or a maximum fine of £1,000 if prosecuted and convicted by a court.

Failure to prevent smoking in smoke free premises or vehicles. Those responsible for smoke free premises and vehicles are also required to prevent smoking there. Failure to prevent smoking in a smoke free premises or vehicle may result in a maximum fine of £2,500 if prosecuted and convicted by a court.

Smoking Shelters

There is no legal obligation to provide a smoking shelter, however, many premises have chosen to do so for the comfort of their staff and/or customers.

Any smoking shelter provided must comply with smoke free requirements. In practice this means that if an area has a ceiling or roof, smoking would only be permitted in the area if it did not have sides (including doors, walls, windows, or other fitting that can be opened or shut) that enclose more than 50% of the area. A roof includes any fixed or movable structure that covers all or part of the area, such as canvas awnings.

If you are considering providing a smoking shelter, contact a member of the Tobacco Control Team who will be happy to view plans for shelters or visit the premises to discuss shelter proposals. This will ensure your proposals comply with the smoke free legislation and will avoid any costly structural alterations to finished non-compliant structures.

Inspections

Under the Smoking (Northern Ireland) Order 2006, Tobacco Control Officers and/or Environmental Health Officers can visit premises to:

check they are complying with the law
offer help and advice
take legal action against offenders (where necessary).

If you would like further information, please contact the Tobacco Control Team. Call 0300 013 3333 or email environmentalhealth@ardsandnorthdown.gov.uk

Tobacco Retailers

Anyone running a tobacco business in Northern Ireland must register with the Tobacco Register NI. It is an offence to carry on running a tobacco business without being registered on the Tobacco Register NI.

Tobacco products include cigarettes, rolling tobacco, pipe tobacco, cigars, cigarette papers.

Any business found selling tobacco while not being registered could be issued with a Fixed Penalty Notice of £500 or face a prosecution with a maximum fine of £5000. If a person owns more than one business or premises, the person must be registered at each address.

The registration process is free and requires you to fill in a form either:

Online at www.tobaccoregisterni.gov.uk
Paper: You can request a copy of the form by calling 028 9027 0428 or by emailing tobaccoregister@belfastcity.gov.uk

You can also download and print the form at tobaccoregisterni.gov.uk and return it to:

Tobacco Register NI
City and Neighbourhoods Services Department
Belfast City Council
The Cecil Ward Building
4-10 Linenhall Street
Belfast
BT2 8BP

Tobacco Display Ban

It is illegal for retailers to display tobacco products on sale in public view. Cigarettes and all tobacco products will need to be out of sight except when staff are serving customers or carrying out other day-to-day tasks such as restocking. Anyone who displays tobacco products to anyone under 18 can be fined up to £5,000 and/or face up to two years imprisonment.

See link for detailed guidance: GUIDANCE ON THE DISPLAY AND PRICING OF TOBACCO PRODUCTS IN NORTHERN IRELAND - November 2014

Vending Machine Ban

It is illegal to sell tobacco products from vending machines in Northern Ireland.

Warning Notices

Any shop that sells tobacco related products must display a warning notice, stating: "It is illegal to sell tobacco products to anyone under the age of 18".

This notice must be displayed at the point of sale where it can be easily seen by customers and staff.

Anyone carrying on a business selling tobacco who does not display the notice can be fined up to £1,000.

Underage Sales of Tobacco Products and Nicotine Inhaling Products (including e-cigarettes/vapes)

In addition to the general requirements of the smoke free legislation, there are further legal obligations applicable to any business or organisation that is involved in the Sale of Tobacco Products and Nicotine Inhaling Products.

It is an offence to sell tobacco products (including cigarette papers) or nicotine inhaling products (such as e-cigarettes and liquids) to a person under the age of 18.

In addition, an adult who buys, or attempts to buy, tobacco products or nicotine inhaling products (including e-cigarettes/vapes or refills), on behalf of a person under the age of 18 (known as proxy purchasing) can also be issued a fix penalty notice of £250, or a maximum fine of £5,000if prosecuted and convicted by a court.

Test Purchasing

To ascertain the level of compliance with the law, the Council undertakes surveys of retailers in the form of test purchases. The test purchase involves sending a person under 18 years of age into Retailers premises to attempt to buy cigarettes or nicotine inhaling products (such as e-cigarettes and liquids).

A person selling these products to anyone under 18 may receive a Fixed Penalty Notice of £250 or a fine of up to £5,000 and/or up to 6 months imprisonment if prosecuted and convicted by a court.All age-restricted products should only be sold to people who have photographic identification proving they are over 18.

Tobacco Control Officers visit Retailers regularly to raise awareness of their responsibilities, provide advice and guidance and assess compliance.

If you suspect that a retailer is selling tobacco ornicotine inhaling products (such as e-cigarettes and liquids)to minors, you should contact the Tobacco Control Team who will investigate the matter further.

Retailers - How to comply with the law

Introduce a written policy, such as 'No ID, No Sale' or 'Challenge 21 or 25', for the sale of tobacco and nicotine-inhaling products. Make sure your staff understand this policy and sign it.
Acceptable forms of ID include Driving Licence or Passport. Electronic forms are not suitable as they are too easy to falsify.
Carry out formal training with your staff and refresher training on a regular basis; maintain records of training
Display a poster at the point of sale stating that it is illegal to sell tobacco products to anyone under the age of 18.
Consider introducing till prompts.
Maintain a 'Refusal Log'. Ensure staff are trained on how to record any incidence of refusal.
Carry out regular supervision of your staff to make sure that your policies and procedures are being implemented.

Tobacco Retailing Awareness Programme

Tobacco Retailers are always responsible for providing suitable training to their staff but to assist with this, an awareness programme has been developed and hosted by MEA Borough Council, with funding from the Public Health Agency (PHA).

The programme provides:

Clarity - simple but concise guidance on what the law requires
Instant feedback - realistic scenarios to test understanding of the law
Convenience - can be completed in 20 minutes and is always available
Accessibility - connect via desktop, tablet, smartphone, wifi or data

The programme can be accessed at Tobacco Retailing Awareness Programme

Contact us

If you are a business and would like further information, please contact the Tobacco Control Teamby calling 0300 013 3333 or emailing environmentalhealth@ardsandnorthdown.gov.uk