What do the smoking ban regulations say?

Government delays over the final details of the smoking ban are continuing to spark frustration among licensees.

With five months before the law kicks in the details of the signage pubs will have to display and the extent to which they will be fined for breaking the law are yet to be finalised. Europe is required to debate this part of the regulations. However, on December 18 2006 the government did provide full details of what is considers an outside area under the new ban which comes into force on July 1, 2007.

It is also expected that pubs will face penalties of up to £2,500 for allowing people to smoke on their premises, while individual smokers will be hit with £50 fines.

What do the regulations say: ​

The regulations, which include definitions of enclosed and substantially enclosed and details of enforcement authorities, were laid before Parliament on 18 December 2006.

Enclosed: ​​

If they have a ceiling and a roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis

Substantially enclosed: ​​

If they have a ceiling or a roof but there are permanent openings in the walls which are less than half of the total area of the walls

* No account can be taken of openings in which doors, windows or other fittings can be open or shut. This is called the 50% rule.

* Tents and marquees will also be classified as enclosed premises

Proposed required signage: ​​

This is part of the regulations is in draft form and is currently being considered by Europe

Signage should be A5 and show the international no-smoking symbol of at least 70mm in diameter and contain readable characters saying "No smoking. It is against the law to smoke in these premises."

Substitute words can be used for "these premises" as long as it refers to the particular premises e.g "this pub"

A no-smoking sign displaying the international no-smoking symbol may be displayed in a prominent position at the entrance of the pub if it is inside another premises such as a shopping centre or train station

Penalties: ​​

These are expected to be published shortly. These are also unlikely to change from what the government has already mooted.

Pubs will face penalties of up to £2,500 for allowing people to smoke on their premises, while individual smokers will be hit with a £50 fine.