Shisha compliance

Shisha is smoking a heated, specially prepared tobacco through a pipe. Shisha smoke contains large amounts of nicotine, carbon monoxide, tar and other toxins; hence, the water in the shisha does not remove any of the toxins.

The fruit flavour accompanying the smoking does not make it a healthy choice for users. There are many risks to smoking shisha.

Shisha Business Operators

The design of the business premises where shisha smoking is going to be undertaken needs consideration to meet the smoke-free legal requirements. Essentially, any area where smoking/shisha is permitted must not be enclosed or substantially enclosed.

A simple calculation is that if the space has a ceiling, then 50% of the wall must be open at all times to be compliant. The document below can be used to assist you in calculating if the space is compliant.

Definition of enclosed & substantially enclosed premises

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Smokefree signage

You must display smokefree signs in premises or rooms in which it is illegal to smoke. If you have a legal smoking area it would be prudent to place signs on the door(s) leading from the smoking area to the enclosed (indoor) areas.

Penalties

Persons smoking or in possession of a lit cigarette or shisha, in a smoke-free premises or in a work vehicle, can receive a fixed penalty notice of £50. If they have been issued with a fixed penalty previously or fail to pay, then they will be prosecuted in the Magistrates Courts. If found guilty they can be fined up to £200 and will have a criminal record.

Persons in control of premises failing to display no-smoking signs

A person in control of the premises (e.g. Owner and or Manager) may receive a Fixed Penalty Notice of £200 if they are not displaying smoke-free signage. If they have been issued a fixed penalty previously or fail to pay the Fixed Penalty Notice, they will be prosecuted in the Magistrates Courts. If found guilty they can be fined up to £1000 and will have a criminal record.

Persons failing to prevent smoking or allowing smoking in an enclosed space

A person in control of the premises (e.g. Owner and or Manager) failing to prevent persons smoking in a smokefree place can be prosecuted in the Magistrates Courts and if found guilty can be fined up to £2500 and will have a criminal record.

Additionally, you are committing offences under the Health and Safety legislation by unnecessarily and illegally exposing your employees to the harmful effects of Carbon Monoxide. Offences under the Health and Safety at Work Act are subject to unlimited fines and up to 2 years in prison for individuals.

Enforcement of smoke-free legislation

Our officers work closely with businesses to raise awareness of the implications of the legislation. This approach is complemented by proactive or reactive inspections which are undertaken to confirm compliance or in response to complaints.

When considering enforcement action, officers will have regard to our Enforcement Policy.

Prosecution and the use of fixed penalty notices is not normally the first course of action, but will be used when the seriousness of the situation warrants such action.

Further information and useful links

You may also find the following pages helpful:

Last updated 25 September 2024