No Smoking Policy

1.      Statement of Policy

Dyfed-Powys Police recognises that the health, safety and welfare of all officers, staff, visitors, contractors and volunteers is of prime importance. The Force has therefore developed a revised and dedicated No Smoking policy and guidance document conforming to the requirments of the legislation listed below. 

The aim of this policy is to - 

• Ensure Dyfed-Powys Police comply with the relevant legislation listed below.
• Ensure that all individuals, including smokers and non-smokers, have a clear understanding of their rights and responsibilities.
• Protect non-smokers from second hand smoke. 
• Contribute towards a healthy working environment and protect the current and future health of officers, employees, contractors, volunteers and visitors to police premises.

2.      Policy Scope

This policy should be read in conjunction with the No Smoking guidance document. 

This policy replaces the previous No Smoking Policy produced by Dyfed-Powys Police in relation to the smoking of tobacco on police owned premises and in police vehicles.

Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers. Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

3.  Powers and Policy/Legal Requirements

This policy has been created in line with legislations and guidance.

• Smoke-free (Premises and Enforcement) Regulations 2006
• Smoke-free Regulations 2007,
• Smoke-free (Signs) Regulations 2007
• Public Health (Wales) Act 207 – Chapter 1 of Part 3
• Smoke-free Premises and Vehicles (Wales) Regulations 2020

Internal

• Dyfed-Powys Police No Smoking guidance document.
• SMARTER Working policy.

An Equality Impact Assessment form has been completed.

4. Options and Contingencies.

Police Premises & Vehicles

Dyfed-Powys Police has a duty to comply with the Smoke-free Premises etc (Wales) Regulations 2007 and the Smoke-free Premises and Vehicles (Wales) Regulations 2020 and will therefore:

4.1    Prohibit smoking in all enclosed and/or substantially enclosed* workplaces and premises owned and/or occupied by Dyfed-Powys Police Officers, staff and volunteers this includes canteen facilities, eating areas, rest rooms, kitchens, toilets, sport/leisure facilities.

4.2    Prohibit smoking in all entrances and exits of police owned premises or anywhere on its grounds, (except in those designated smoking areas, as detailed in section 9.0) this includes car parks, and delivery service areas.

4.3    Prohibit smoking in all enclosed and/or substantially enclosed* workplaces and premises owned by Dyfed-Powys Police but shared with other organisations.

4.4    All vehicles owned and operated by Dyfed-Powys Police shall be smoke free at all times and must display a No Smoking Notice in a prominent position in the Vehicle. All officers, staff and others (e.g. volunteers, contractors) using any vehicles in connection with the provision of police services shall ensure the vehicles are smoke free whilst they are used for work purposes.

4.5   Police Officers, staff and volunteers who may wish to take their lunch break in a police vehicle should be aware that if they wish to smoke during their official break, they must step out of the vehicle to do so. All officers, staff and volunteers are encouraged to set a good example and are asked to refrain from smoking whilst on duty.  

*definitions

Enclosed – premises will be considered “enclosed” if they have a ceiling or roof (either a fixed or moveable structure or device), and except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.

Substantially Enclosed – premises will be considered ‘substantially enclosed’ if they have a ceiling or roof, (either a fixed or moveable structure or device), but there are openings in the walls, which are less than half of the total area of walls. This definition includes other structures that serve that purpose of walls and constitute the perimeter of the premises. When determining the area of an opening, no account should be taken of openings in which doors, windows or other fittings can be opened or shut.

The Code of Ethics principles are relevant to this policy and the associated guidance document –

• Courage
• Respect & Empathy
• Public Service

5.  Take action and review.

This policy will be reviewed periodically to ensure that it is still relevant, and feedback will be sought from key stakeholders and the wider police force.

Any feedback or dissatisfaction with the policy will be recorded and discussed with the policy owner and appropriate action taken.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: December 2024