In Guernsey it is illegal to smoke in most indoor places other than private homes (including restaurants, bars, cafes, hotels, church halls, sports centres, shops, schools and all clubs) and anyone that sells tobacco products is required to be licensed by the Office for Health and Social Care.
Local legislation prevents smoking in shared workplaces, including lorries and vans. Employers can provide outdoor smoking shelters for their staff and customers provided they comply with the new law but they do not have to.
If you wish to make a complaint please contact the Office of Environmental Health and Pollution Regulation.
Smoking Shelters
There is no obligation to provide smoking shelters for employees or customers but such shelters may be provided as long as they are NOT structures:
- Which are covered, either wholly or substantially, by a fixed unmovable roof, ceiling or similar structure, whether permanent or temporary and
- Which have one or more walls or similar structures, whether permanent or temporary, (inclusive of windows and doors, gates and other means of access or egress) for more than 50% of their perimeter and
- To which members of the public or any section of the public have access, whether on payment or otherwise, as of right or by virtue of express or implied permission or
- Which are used as, or as part of, a place of work by persons who are employees
In effect any smoking shelter must have at least half of its sides completely open.
- A smoking shelter should not link directly with an enclosed public place or workplace (e.g. via an open window or open door) as this would effectively make it an extension of that place. Smoke from the shelter should not discharge into a public place or workplace
- The erection of a smoking shelter or change of use of a structure to that of a smoking shelter may require approval to be sought via an application to the Development and Planning Authority
- It is advised that ashtrays and waste bins be provided at smoking shelters to minimise litter from smoking
