Public Health - Smoking Ban

Smoking in Enclosed Places

The Smoking Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in  Certain Premises (Scotland) Regulations are administered by the Environmental Health Service contact 01343 543451.

The legislation has been introduced to save lives and prevent diseases caused by active and passive smoking

Premises where Smoking is Prohibited

  • Hotels –(unless using a bedroom specially designated for smoking)
  • Public Houses
  • Members Sporting and Social Clubs
  • Nightclubs
  • Restaurants
  • All Enclosed Workplaces.

Vehicles where Smoking is Prohibited

  • All Work Vehicle
  • All Construction and Agricultural Vehicles and Machines with enclosed cabs
  • All Public Transport Vehicles including Taxis
  • Private cars (unless being used as a taxi or private hire vehicle) are exempt  from the ban.


All premises and vehicles covered by the law are required to display a sign in a prominent position so that it can be seen by anybody entering.


Employers are required to inform their staff of their responsibilities to observe the law.

They must ensure that their premises and vehicles have the required signs to guide staff and members of the public.

Employers are strongly encouraged to develop a company policy in relation to smoking legislation.


Employers and Managers could face a penalty of £200 if they do not provide adequate signage  or take reasonable steps to prevent someone smoking on the premises. Individuals who break the law will face a fixed penalty fine of £50.

Contact Us

Environmental Health
Moray Council
Council Office
High Street, Elgin
IV30 1BX

0300 1234561

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