Estimated reading time (in minutes)
The smoking ban applies in all closed and covered places open to the public. This concerns places of conviviality, transport, schools or businesses. If smoking areas have been set up, they must meet very strict standards.
Article 28 of the law of 26 January 2016 on the modernization of the health system also prohibits the use of electronic cigarettes in schools and establishments intended for the reception, training and accommodation of minors, in closed means of public transport (train, bus, metro, planes, etc.) and in closed and covered premises for collective use (article L 3511-7-1 CSP).
Concerning the electronic cigarette, a decree in Council of State must soon specify the conditions of application of this prohibition (in particular the case of the individual offices). The obligation to set up a room reserved for vaping was ultimately not retained.
In friendly places
The smoking ban applies in all closed and covered places open to the public. This is particularly the case for places of conviviality: bars, restaurants and discotheques. This prohibition does not apply to open or uncovered outdoor spaces: courtyards, patios, terraces, etc. The terrace must be open, allow outside air to pass through and be separated from the establishment by a partition.
In the enterprises
Specific regulatory provisions provide for a ban on smoking in the workplace. This prohibition is justified by the safety of people and property, due to the risk of fire linked to the nature of the materials stored (in a refinery for example). The employer is required to enforce this regulation. Failure to comply with the regulations constitutes a reason for termination of the employment contract by the employee, to the fault of the employer. The employee must also respect the ban because he may expose himself to disciplinary sanctions, or even to dismissal for serious misconduct. It is possible to set up a smoking area but with the agreement of the health, safety and working conditions committee (CHSCT).
The ban on smoking has been reinforced in schools, even in non-covered areas of schools. It is therefore strictly forbidden to smoke in schools, even in uncovered areas, such as in the playground.
In the transports
The smoking ban applies in all means of public transport: trains, metro, planes, taxis, etc. For boats, it may be possible to smoke on the decks in the open air, since the place is not closed, if the rules of the boat allow it.
Smoking in a place where the smoking ban applies is liable to a fine of up to 450 euros. The person in charge of the premises may also be sanctioned with a fine of up to 750 euros. He will also be penalized if he has not put up signs recalling the principle of the prohibition of smoking, if the smoking place is not in conformity, or if he has knowingly favored the violation of the prohibition of smoking. to smoke. for example by putting ashtrays on the tables.
Société d’Avocats DAMY , Nice, How far will the ban on smoking or vaping go?, Update 2022