Orkney Islands Council
Working together for a better Orkney

Smoking Ban

The Smoking, Health and Social Care Scotland Act 2005 and the Prohibition of Smoking in Certain Premises Scotland Regulations 2006 came into effect on 26 March 2006 at 06:00.

What Does This Mean?

This means that staff, customers and visitors are not allowed to smoke within any business or organisation's premises, if these are wholly or substantially enclosed. This includes previously designated 'smoking rooms'. There are very few exemptions to the smoking ban.

The law affects most public premises, workplaces and work vehicles including taxis, public transport and company vans. Failure to comply with the law is a criminal offence.


Individuals may be fined a fixed penalty of £50 for smoking in no-smoking premises. The manager or person in control of any no-smoking premises may be fined a fixed penalty of £200 for either:

  • Allowing others to smoke in no-smoking premises.
  • Failing to display warning notices in no-smoking premises.

Further Information

The Environmental Health team can be contacted for further advice or information on the Prohibition of Smoking in Certain Premises. They are also there to follow up on any complaints of persons seen smoking in no-smoking premises. They can be contacted by telephone on 01856873535 extension 2801 or by email.

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