Member Article

No Smoke Without Advice

With Watson Burton LLP Law Firm

On 14 February 2006, the House of Commons voted, by a large majority, to ban smoking in all enclosed public places and workplaces. Thus, every pub, club, café, restaurant, shopping centre, office, and mode of work or public transport will be smoke-free by summer 2007.

In preparation for the changes in the law, it may be useful to consider the recent implementation of the smoking ban in Scotland. The Government has indicated that a similar fine structure will be implemented in England and Wales and it is reasonable to expect that similar policy terms will also be introduced.

The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 came into effect on 26 March 2006. The burden on employers is onerous: staff, customers and visitors are not allowed to smoke within the business or on the organisation’s premises. The ban covers most public premises, workplaces and work vehicles.

Failure to comply with the law is a criminal offence. A fixed penalty fine of £50 is incurred by any individual smoking in no-smoking places. Importantly, the manager or person in control of any no-smoking premises can be fined a fixed penalty of £200. This penalty can be incurred for allowing others to smoke in no-smoking premises or for failing to display warning notices in no-smoking places. Failure or refusal to pay may lead to prosecution and a fine of up to £2,500. Employers who wish to provide outdoor smoking areas should consult with staff before taking legal and local planning advice to ensure compliance with the law.

Clearly, employers in England and Wales need to prepare for the introduction of similar legislation next summer. Businesses and organisations will need to take steps to ensure that employees, customers and visitors obey the law. An early review of workplace policy and procedure is therefore adviseable.

If you have any questions on this article, please contact Guy Barr at Watson Burton LLP email guy.barr@watsonburton.com

This was posted in Bdaily's Members' News section by Ruth Mitchell .