Out-Law / Your Daily Need-To-Know
The Scottish Executive has published a guide to help employers implement the smoking ban that comes into force in Scotland in March 2006. The guide stresses that, despite media focus on banning smoking in pubs, the ban will affect most businesses in the country.
In particular, the new rules largely prohibit the use of designated smoking rooms within premises.
The controversial ban has been the subject of debate throughout the UK for several years, following the introduction of a complete ban on smoking in public places in the Republic of Ireland in March 2004.
Scotland will be the first part of the UK to impose a ban. It will become completely smoke-free in all enclosed public places from 6am on 26th March 2006.
The aim of the ban is to reduce the harmful effects of passive smoking, and the Scottish Executive hopes that the country’s health and productivity will increase as a result.
The new rules
The new rules create three new offences: permitting others to smoke in no-smoking premises; smoking in no-smoking premises; and failing to conspicuously display warning notices in and on no-smoking premises.
No-smoking premises are defined widely. Premises used wholly or mainly as a place of work or premises to which a section of the public has access will be covered – including offices, bars, pubs, hotels, libraries, public toilets, factories, schools, hospitals and even public telephone kiosks.
Step outside and smoking will be legal. But the ban also catches any business that permits smoking in a room that is wholly enclosed except for doors, windows and passageways, or is enclosed apart from an opening that measures less than half the area of its walls.
Accordingly, designated smoking rooms, currently used in many workplaces, will no longer be permitted. The provision of ventilation to such rooms will not be a defence. According to the Scottish Executive, while ventilation removes the smell and sight of smoke from the room, it does not remove the toxic carcinogens.
The ban will also extend to cover vehicles used for business purposes. Individuals using their private or company car for business purposes will, however, be exempt.
Residential accommodation, adult hospices and designated rooms in certain premises such as hotels, adult care homes and offshore installations are also exempt from the rules.
Local Environmental Health Officers (EHOs), will enforce the rules and will also work with businesses to help them in complying with the law. Employers or managers of no-smoking premises will be liable to a fine of £200 if they are found to be breaching the rules, while individuals found smoking in no-smoking premises face a fine of £50.
"Employers and their staff have a duty to comply with the legislation and we gave a commitment to support employers in doing this,” said Scottish Health Minister Andy Kerr, launching the Scottish Executive guide on Tuesday. "The guide published today has been developed in consultation with businesses and other organisations and does just that.”
