Agenda item

Janice Manning, Food, Health and Safety Manager, gave the following powerpoint update on the implementation of the Smokefree Legislation:-

 

The Health Act 2006

-              An Act to make provision for the prohibition of smoking in certain premises, places and vehicles

 

Smokefree Legislation

-              Applies to all places of work used by more than 1 person and places open to the public

-              “Work” includes voluntary work

-              premises were “open to members of public” if the public, or section of the public, has access whether by invitation or payment, or not

-              Work and public vehicles would also be required to be smokefree

-              Employers would continue to have a duty of care to protect the health, safety and welfare at work of all employees under the Health and Safety at Work Act 1974

 

Requirements apply to:

-              Premises which were enclosed or substantially enclosed

o       Business premises

o       Multi-occupied and shared housing

o       Public places

-              Vehicles

o       Used as public service vehicles

o       Used at any time by more than 1 person in connection with their business or employment

 

Smoke Free (Premises and Enforcement) Regulations

-              Enclosed – roof or ceiling + wholly enclosed by walls (not including doors, windows or passageways)

-              Substantially enclosed – roof + opening in walls representing 50% or less of total wall area (opening does not include openings that can be opened or shut, such as windows or doors) – the 50% rule

-              Temporary structures such as tents included

-              Roof includes fixed or movable structures that could cover all or part of the premises as a roof (including canvas awnings)

-              “If it can be enclosed it will be considered enclosed”

 

Smokefree Offences

-              Smoking in a smokefree premises

-              Failing to prevent smoking in a smokefree place (anyone who controls or manages smokefree premises and specified people for smokefree vehicles)

-              Failing to display required no-smoking signs (anyone occupying or managing smokefree premises and specified people for smokefree vehicles)

-              Also an offence to obstruct an enforcement officer or provide a false or misleading statement

 

Smokefree (Penalties and Discounted Amounts) Regulations)

 

Offence	Fixed Penalty Notice (if paid in 29 days)	Fixed Penalty Notice (discounted if paid in 15 days)	Court awarded fine
Smoking in a smokefree place	£50	£30	Up to £200 (leave 1 on the standard scale)
Failure to display no-smoking signs	£200	£150	Up to £1,000 (level 3 on the standards scale)
Failing to prevent smoking in a smokefree place	N/A	N/A	Up to £2,500 (level 4 on the standard scale)

 

Work undertaken – Awareness Campaign

 

-              Compiled and distributed several leaflets providing specific information to different businesses such as social clubs, churches, hairdressers

-              Seminars and workshops undertaken, visits to commercial premises were made to provide guidance to businesses and the public upon implementation of the legislation

-              Promotional work undertaken e.g. radio adverts and interviews, advertising on buses, banners posted on buildings and in bus stations, carrier bags and beer mats etc.

-              Articles written for Rotherham Matters and local publications to provide information to customers

 

Promoting Compliance

-              Businesses were provided with the necessary stickers to place at the entrances to their premises

-              Relevant guidance was also given regarding which parts of premises are enclosed and about the construction of shelters

-              Advice given regarding the difference between legal compliance and locally adopted policies e.g. bus shelters, hospital grounds etc.

 

Promoting Good Practice

-              Visits made to check that no smoking signs were posted in the correct location and that they had used the correct signage

-              Certain premises went smoke free early e.g. certain pubs, hotels and they were promoted in the seminars and campaigns etc.

-              Work was undertaken in partnership with the PCT, Chamber of Commerce other local authorities etc.

 

Littering

-              Initially cigarette litter was found accumulating an entrances to buildings

-              Worked with business operators to provide additional bins and cigarette stub out bins

-              Education of staff and public not to litter and to clean up and appropriate enforcement action taken

 

Smoke infiltration/other issues

-              Advice was given regarding the location of non-substantially enclosed structures e.g. near openable windows/doors

-              Addressed problems of smoke emitted from premises

-              Advice re  construction of such structures such as shelters for smokers

-              Light nuisance from shelters

 

Fire Safety

-              People congregating around fire exits

-              Potential for cigarette ends causing fires

-              Illicit leading to people in unsafe practices

 

Worked with other agencies e.g. Planning and Building Control

-              Smoking shelters

-              Awnings, canopies, blinds

-              Pavement and forecourt tables/chairs on public highway or a private forecourt

-              Beer gardens not part of the business premises

-              Decking

-              Stub out bins

 

Future Activities

-              Assist new businesses operators comply with the law

-              Inspection of premises and vehicles regarding compliance with the legislation and provide advice or undertake appropriate enforcement action

-              Continue to signpost support re smoke cessation and provide advice regarding public health issues.

 

Discussion ensued with the following points raised:-

 

§               The criteria and emphasis of the Legislation was to protect people in the working environment from the harmful effects of second hand smoke

§               Even if planning permission was obtained for a smoking shelter, it may not be compliant in terms of the Legislation

§               The approach taken had been 1 of advisory with Fixed Penalty Notice served on continual offenders – there had been no prosecutions in Rotherham

 

Janice was thanked for her presentation.