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Ask the expert

Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers.

Q. We already have a no-smoking policy in place at our nursery, but is there anything else that we need to consider once the smoking ban comes into place?

A. The Health Act 2006 will effectively ban smoking in workplaces from 1 July 2007. While most nurseries will already be largely smoke-free, there are issues to consider about the new legislation.

Do your staff take smoking breaks? If so, do you have a policy to cover this? If staff take smoking breaks, where do they go? 'Enclosed' or 'substantially' enclosed premises must be smoke-free. 'Enclosed' premises are wholly enclosed (other than doors/windows). 'Substantially' enclosed premises have a roof/ceiling and an opening of less than half the area of the walls (other than shutting doors and windows). If staff smoke in areas which fall into either category, you will be in breach of the new law.

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