Smoking is prohibited in all enclosed public spaces, on public transport (including taxis) and in works vehicles.

The smoking ban is enforced by our Environmental Health staff.

The Smoking, Health and Social Care (Scotland) Act 2005, which introduced the smoking ban in Scotland, was approved by the Scottish Parliament in June 2005.


Frequently asked questions

  1. What characteristics does a designated smoking room have?
  2. What kinds of places are covered by the smoking ban?
  3. What types of premises have been allowed designated smoking rooms?
  4. Who enforces the smoking ban?
  5. How does the smoking ban affect my business premises?
  6. In terms of the smoking ban, what is meant by wholly or substantially enclosed?
  7. My workplace has designated or segregated areas for smoking. Is this not enough for the smoking ban?
  8. My workplace is well-ventilated. Does that not provide protection from passive smoking?
  9. I have a very small business with only a couple of employees who both smoke. Does the ban on smoking in enclosed spaces law still apply to me?
  10. Does the smoking ban apply to vehicles used for business purposes?
  11. If I am on my own in a company vehicle, can I smoke?
  12. I lease out self-catering accommodation. Is this affected by the smoking ban legislation?
  13. Does the smoking ban affect private clubs, for example rugby clubs, snooker clubs, golf clubs, working men's clubs and so on?
  14. What can I do if someone ignores the ban and smokes on my premises?
  15. What are the penalties for those who break the smoking ban?
  16. If I am caught smoking in an enclosed public space by an enforcement officer, how long do I have before I have to pay the fine?
  17. I work alone in my business premises and don't have any employees. Does the smoking ban apply to me?
  18. What offences has the smoking ban brought into effect?
  19. Where am I allowed to smoke?
  20. What am I legally required to have as signage in no-smoking premises?
  21. What do I have to do to make sure my business complies with the smoking ban?
  22. My car is used as a taxi. Can I smoke in it when I am off duty?
  23. Does the smoking ban cover E-cigarettes, vaporisers or other such artificial smoking aids?

What characteristics does a designated smoking room have?

The Regulations define a designated smoking room as a room which: has been designated by the person having the management or control of the hotel as being a room in which smoking is permitted; has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor-to-ceiling walls; has a ventilation system that does not ventilate into any other part of the property (except for any other designated rooms); and is clearly marked as a room in which smoking is permitted.


What kinds of places are covered by the smoking ban?

The ban covers all enclosed spaces to which members of the public have access. This includes places of work, education, health care services and private clubs. Vehicles including buses, taxis, ferries and trains are also covered by the ban.


What types of premises have been allowed designated smoking rooms?

Designated smoking rooms are allowed in adult care homes, psychiatric facilities, hotels, detention facilities, and offshore installations.


Who enforces the smoking ban?

The person having management or control of the premises has to make sure that the law is complied with in the first instance.

Environmental Health Officers have the power to enter all No Smoking premises to ensure that the smoking ban is being upheld and issue fixed penalty notices to anyone who is committing, or has committed an offence.


How does the smoking ban affect my business premises?

The law requires enclosed public places, including workplaces, to be smoke-free. That means you, your staff, customers and visitors will not be allowed to smoke any non-designated enclosed areas of your premises.


In terms of the smoking ban, what is meant by wholly or substantially enclosed?

Essentially, wholly or partially enclosed spaces are those areas with a ceiling or roof that - except for doors, windows and passageways - are either wholly enclosed (whether permanently or temporarily); or are enclosed but for an opening which is less than half of the area of its walls.


My workplace has designated or segregated areas for smoking. Is this not enough for the smoking ban?

No, only a complete ban on smoking in enclosed areas will reduce exposure to passive smoking. This means that the provision of smoking rooms inside workplaces is no longer allowed. Any outside shelters must be less than 50% enclosed.


My workplace is well-ventilated. Does that not provide protection from passive smoking?

No. There is no safe level of exposure to second-hand smoke. Ventilation systems improve comfort by removing the smell and visibility of the smoke. They do not remove toxic carcinogens from the air.


I have a very small business with only a couple of employees who both smoke. Does the ban on smoking in enclosed spaces law still apply to me?

Yes, the law still applies if your workplace is wholly or substantially enclosed.


Does the smoking ban apply to vehicles used for business purposes?

Light goods and heavy goods vehicles and public transportation vehicles (eg taxis, buses, trains and ferries) are affected by the ban on smoking. If you use a car (your own or company car) for business purposes, it is exempt unless you are using it as a private taxi.


If I am on my own in a company vehicle, can I smoke?

You cannot smoke in vehicles which one or more persons use for work, even if you are on your own in it at the time. Private cars are exempt from the ban (eg company cars), but all other vehicles used for work are covered by the ban as they are an extension of the workplace.


I lease out self-catering accommodation. Is this affected by the smoking ban legislation?

No, self-catering accommodation would be treated like a private house, and it would be up to you and whoever used it to decide if it should be a smoke-free environment.


Does the smoking ban affect private clubs, for example rugby clubs, snooker clubs, golf clubs, working men's clubs and so on?

Yes. Premises which are being used by and for the purposes of a club or other unincorporated association, and which are wholly or substantially enclosed, are affected by the smoking in enclosed public spaces law. Members and staff of private clubs deserve the same protection from the health effects of second-hand smoke as much as anyone else.


What can I do if someone ignores the ban and smokes on my premises?

You will be expected to take all reasonable measures to ensure that the person stops smoking. If he/she refuses, implement your normal procedure for anti-social/illegal behaviour in the premises. In all cases where physical violence or intimidation is threatened or encountered, seek the assistance of the police.


What are the penalties for those who break the smoking ban?

Those in control of no-smoking premises could be liable to a fixed penalty fine of £200 if they do not take reasonable action to prevent someone smoking on the premises, or if they do not provide adequate No Smoking signs. Individuals who smoke in no-smoking premises will be liable to a fixed penalty fine of £50. Refusal to pay or failure to pay may result in prosecution and a fine of up to £2,500.


If I am caught smoking in an enclosed public space by an enforcement officer, how long do I have before I have to pay the fine?

You will get 29 days from the date the fixed penalty notice (FPN) is issued to pay the full amount, but if you pay within 15 days, you don't have to pay as much.


I work alone in my business premises and don't have any employees. Does the smoking ban apply to me?

Yes, even although you work alone, you are still not allowed to smoke in any enclosed space that a member of the public could enter.


What offences has the smoking ban brought into effect?

The new law bans smoking in no-smoking premises by: creating an offence of permitting others to smoke in no-smoking premises; creating an offence of smoking in no-smoking premises; creating an offence of failing to display warning notices in no-smoking premises; setting out the powers of enforcement officers to enter no-smoking premises; creating an offence of failing without reasonable cause to give your name and address on request by an enforcement officer.


Where am I allowed to smoke?

You are allowed to smoke in: residential accommodation; designated rooms in adult care homes; adult hospices; designated rooms in psychiatric hospitals and units; designated hotel bedrooms; designated detention or interview rooms; designated rooms in offender accommodation premises; offshore installations; private vehicles (but not taxis).


What am I legally required to have as signage in no-smoking premises?

You must display at least one no-smoking sign, which must be a minimum size of 230mm by 160mm and display the international no smoking symbol. It must also display the name of the person to whom a complaint may be made and state that a complaint can be so made. This sign must be conspicuously displayed and be displayed in such a way that it is protected from tampering, damage, removal or concealment.


What do I have to do to make sure my business complies with the smoking ban?

Display the required 'No Smoking' signs in such a way as to make staff, customers and visitors aware that they must comply with the law; remove all ashtrays; develop and implement a smoke-free policy with staff to ensure that infringements by employees, customers, members, and so on are dealt with under agreed procedures; inform anyone smoking that he/she is committing an offence; request that they extinguish their smoking material immediately or leave; refuse service to individuals who are smoking against the law (if your business provides a service for customers or members).


My car is used as a taxi. Can I smoke in it when I am off duty?

No. Taxis are covered by the smoking ban at all times and must not be used for smoking, even when not operating as a taxi.


Does the smoking ban cover E-cigarettes, vaporisers or other such artificial smoking aids?

The law is currently being reviewed on this, but at the moment, the smoking ban only covers smoking using lit tobacco.

Businesses are free to make their own decisions in the meantime whether they wish to allow electronic cigarettes to be used in their premises.