Public health
The following are dealt with by Public Health & Regulation:
The following is not dealt with by Public Health & Regulation:
Smoke free public buildings and vehicles
Smoke free legislation prohibits smoking in enclosed workplaces, public spaces and vehicles used by more than one person (such as those used for work purposes eg delivery vehicles, taxi's, shared cars and also public transport vehicles for example buses.
For more information about the law on smoking click here:
- Smoking at work: the law - in the GOV.UK website
- Checklist highlighting what employers and businesses within a smoke free premises or who own a smoke free vehicle must do - on the Smoke Free England website
For workplaces, even though smoke-free legislation is in place, advice to employers on protecting employees from the effects of second-hand smoke is as follows:
- Employers should have a specific policy on smoking in the workplace
- Smoking policy should give priority to the needs of non-smokers who do not wish to breathe tobacco smoke
- Employers should consult their employees and their representatives on the appropriate smoking policy to suit their particular workplace
The law does not require outdoor smoking areas or shelters to be provided. However, if you wish to do so, consider the following:
- ensure that shelters or outdoor areas are not ‘enclosed’ or ‘substantially enclosed’. The structure must be at least 50% 'open' and ideally it should be at least 2m away from other areas and openable windows and doors.
- check whether planning consent is required for your shelter and that the use of the outdoor area is covered by the existing planning permission. Contact the Planning Dept for advice
- If your premises are licensed under the Licensing Act 2003, check whether there are conditions affecting use of outdoor areas. For example, there may be restrictions on times when beer gardens can be used or conditions relating to last entry or re-entry to the premises
- consider the potential noise impact caused by people congregating outside to smoke, particularly if the premises are open late at night or early morning
- take steps to minimise litter problems caused by cigarette ends.
You can make a complaint or enquiry to us via our online portal:
- After clicking the link you will need to register in order to submit a complaint or enquiry.
- Once registered please click on 'Requests' - then 'Submit a Request Complaint'.
- When entering complaint details please choose 'Public health 'under 'Request Subject'.
Toilets in commercial premises
Toilets in commercial premises (such as restaurants, cafes, cinema's, theatres, clubs etc) provided for members of the public and/or staff to use must meet basic hygiene standards.
These include being kept clean, having wash hand basins with hot and cold running water and soap for washing hands and a means for drying hands.
If toilets are in a workplace for staff to use then the toilet facilities provided by the employer must meet certain requirements set out in health and safety legislation, commonly known as the 'welfare regulations'. You can find out more about these regulations here:
For restaurants, cafes, pubs and places of entertainment there are also specific requirements that outline the number of toilets, urinals and wash hand basins that must be provided depending on the people capacity of the premises.
Under the Local Government (miscellaneous provisions) Act 1976 Local Authorities are permitted to adopt standards that specify the numbers of toilets etc to be provided. Adur & Worthing Councils have adopted standards which are applied to new builds and extensively refurbished premises.
The councils' adopted standards for sanitary accommodation are available below:
Accessible toilets
The Equality Act 2010 introduced certain laws. Where a physical feature makes it impossible or unreasonably difficult for disabled customers to make use of public toilets, the service provider needs to take reasonable measures to alter the toilets. There are also certain specifications that have to be met for dedicated accessible toilets and further advice can be obtained from our Building Control department:
Please note that the 2010 Act is not enforced by the councils, it is civil law between a business and the aggrieved claimant.
You can make a complaint or enquiry to us via our online portal:
- After clicking the link you will need to register in order to submit a complaint or enquiry.
- Once registered please click on 'Requests' - then 'Submit a Request Complaint'.
- When entering complaint details please choose 'Public health 'under 'Request Subject'.
Public toilet problems
Please report a problem with any of our public toilets, so we can address it:
Pests in commercial premises
Businesses are legally responsible for ensuring that premises are free from pest infestations.
Pest problems might involve issues with rodents such as mice and rats, flies, cockroaches and ants.
You may find the councils' webpages on pests helpful:
For food businesses the problems that pests can cause can be serious in nature, resulting in contaminated food, chewed stock, food rooms contaminated with droppings and urine and physical damage to the building. Trying to resolve the problem without professional help is not recommended.
For businesses that don't sell food, pest problems can still be serious in nature and can result in damaged stock, contaminated storage areas and physical damage to the building. Again trying to resolve the problem without professional help is not recommended.
For rodent infestations, common tell-tale signs of a problem include: chewed/damaged stock, droppings, a musty odour (from dried urine), small holes in walls/floors and visual sightings in the evening/at night as rodents are predominantly nocturnal in nature.
If a business has a pest infestation, then the single most important corrective action is to contact a pest control expert who can offer advise, practical help and a treatment programme.
If you need professional pest control assistance, reputable pest control organisations can help you find a contractor in your area, see:
- British Pest Control Association (BCPA) website
- National Pest Technicians Association (NPTA) website
You can make a complaint or enquiry to us via our online portal:
- After clicking the link you will need to register in order to submit a complaint or enquiry.
- Once registered please click on 'Requests' - then 'Submit a Request Complaint'.
- When entering complaint details please choose 'Public health 'under 'Request Subject'.
- When entering complaint details please choose 'food safety''under 'Request Subject' if your complaint relates to a pest issue in a food premises.
- When entering complaint details please choose 'public health under 'Request Subject' if your complaint relates to a pest issue in a non food premises.
Dangerous structures on domestic land
Concerns about dangerous structures on domestic property or land are not a 'health and safety at work' issue.
Building Control can help with concerns over dangerous structures and you can find out more here:
Owners of domestic property/land have certain duties under the Occupier's Liability Acts of 1957 and 1984. Any claims for compensation relating to loss and/or injury are a civil law matter between yourself and the person who owns the property/land in question.
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Page last updated: 12 August 2024