Y186_1 Starting with law

Reading 1 

 
Butts out

With effect from 1 July, England came into line with Scotland, Wales and Northern Ireland   when smoking in all enclosed public places was banned.

In the employment context, the most relevant provisions of the legislation … are:
•	Smoking is banned in all premises which are used as a place of work by more than one person, or where members of the public might attend for the purpose of seeking or receiving goods or services from the people working there.
•	Premises are smoke-free only in those areas which are enclosed or substantially enclosed.
•	Premises are deemed to be enclosed if they have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed either permanently or temporarily.
•	Premises are substantially enclosed if they have a ceiling or roof but there is an opening in the walls or an aggregate area of openings in the walls which is less than half the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.
•	The extension of the legislation to areas which are ‘substantially enclosed’ means that employees may be prevented from smoking in places such as porches and lobbies where they have traditionally gathered to shelter from wind and rain when they are having a cigarette.
•	Smoking is also prohibited in enclosed vehicles if the vehicle is used in the course of paid work by more than one person, even if those people use the vehicle at different times or intermittently. This definition will almost certainly cover most delivery vehicles and pool cars.
•	Employers are obliged to ensure that no smoking signs are displayed in their premises and in vehicles. The signs must be at least A5 size, display the requisite no smoking symbol and the words ‘No Smoking. It is against the law to smoke on these premises.’
•	The legislation creates a number of new offences:
•	Smoking in a smoke-free place for which the fine is a fixed penalty notice of £50, discounted to £30 if paid within 15 days from issue of notice.
•	Failing to prevent smoking in a smoke-free place. The maximum penalty here is a fine by a court of up to £2500.
•	Failing to display the required no smoking signs. Here the sanction is a fixed penalty notice of £200 discounted to £150 if paid within 15 days of the date of issue of the notice or a fine by a court of up to £1000.
•	Responsibility for enforcing the new legislation rests with local authorities. Initially at least the government is hoping that the approach to enforcement will be non-confrontational and aimed primarily at raising awareness.
(Nixon, 2007, p. 954)