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Going up in smoke – part of the British way of life? |
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David Glass of London based law firm Pritchard Englefield comments on
the ban against smoking in public places which came into force on 1
July 2007.
The 1st July 2007 marked the entry into force in England of the ban
against smoking in public places. This follows the introduction over
the previous year of similar bans in Scotland, Wales and Northern
Ireland. The UK is now largely a smoke-free zone as far as smoking
cigarettes, cigars and similar products is concerned.
The Health Act 2006 which has introduced the ban into England is viewed
by some as yet another example of the Nanny State but appears to have
been accepted by most as another stage in the battle against
smoking-related diseases.
The 2006 Act has been supported in England by 5 sets of regulations –
the Smoke Free (Premises and Enforcement) Regulations 2006; the Smoke
Free (Exemptions and Vehicles) Regulations 2007; the Smoke Free
(Penalties and Discounted Amounts) Regulations 2007; the Smoke Free
(Vehicle Operators and Penalty Notices) Regulations 2007 and the Smoke
Free (Science) Regulations 2007.
The effect of all this legislation is that in public places and work
places which are “enclosed” or “substantially enclosed”, smoking is
prohibited. An area is “enclosed” if it has a ceiling or roof and
(apart from doors or passageways) is wholly enclosed either permanently
or temporarily. A place is “substantially enclosed” if it has a ceiling
or roof but has an opening in the walls that is less than half the
total area of the walls. In this case, the area of the opening does not
include doors, windows or fittings which can be opened or shut.
The smoking ban extends to work vehicles that are used by more than one
person. It also extends to work places within the home environment.
There are some exceptions for designated rooms in hotels and members’
clubs and care homes, hospices and prisons and, prior to 1st July 2008,
designated rooms within mental health units. There are also some
exemptions for designated rooms in oil rigs and also for smoking within
specialist tobacconists’ establishments.
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The smoking ban will be policed by environmental health officers and
there will be fixed penalty notices of £50 which can be reduced to £30
if paid within 15 days. If the matter is taken to court, the penalty
can go up to £200 on conviction.
Temporary structures such as tents and marquees do in principle fall
within the ban as do enclosed or substantially enclosed areas within
sports stadiums and train platforms.
If “appropriate” to the artistic integrity of a theatrical performance,
actors can continue to smoke on stage but this exemption does not
extend to anybody else or to smoking during rehearsals.
Social smoking within restaurants, bars and other places of
entertainment is banned within their building areas but this will not
extend to smokers who indulge their habit in roof gardens or other open
areas. It will be interesting to see how this affects the property
market for pubs and restaurants!
Non-smoking signs will be required in smoke-free areas.
Despite the dominance of the pub and restaurant culture within the UK,
the British appear to have accepted this latest turn of events with
typical stoicism. Perhaps a rare example of Nanny knows best!
© July 2007 David Glass
All Rights Reserved.
tresc
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