Does the smoke-free legislation mean that employers can no longer permit their employees to smoke on the pavement outside the workplace?

The smoke-free legislation covers only enclosed or substantially enclosed public places. Employers can, therefore, still continue to allow employees to smoke on the pavement outside the workplace. However, employers might want to consider the image portrayed to clients when staff smoke at the front of the business premises, and consider designating a smoking area at the rear of the premises if possible. Employers should also be aware of the powers of local authorities to issue litter clearance notices and fines in relation to smoking-related litter.