On 26 March 2006 the law on smoking changes. The Scottish Parliament has voted to ban smoking in all enclosed public places because of the health risks associated with passive smoking. This new law comes into effect on 26 March 2006 and applies to businesses, workplaces, clubs, pubs and restaurants.
What will this mean for your business? It’s your responsibility to make sure your premises and staff meet all new requirements of this new law. Full details about what you need do will be sent out to businesses in the Autumn, well in advance of the law changing.
Will your business be ready?
Log onto www.clearingtheairscotland.com to find out more information. You can also find case studies of businesses that already have smoke-free policies. Detailed below are some of the most frequently asked questions. If there is anything else you need to know at this stage you can e-mail info@clearingtheairscotland.com or you can contact your local Environmental Health Office.
What Do You Need To Know?
- what kind of places will the ban cover?
- what will employers have to do?
- who will enforce the law?
- what guidance iwll be issued?
- what will the penalties be?
- is better ventilation not the answer?
- does a smoking ban in public places not infringe people’s personal liberty?
- where can I get further information?
What kind of places will the ban cover?
The ban will cover all enclosed spaces to which members of the public have access. This will places of work, education, health care services and private clubs. Vehicles including buses, taxis, company cars, ferries and trains will also be covered by the ban.
What will employers have to do?
Employers will have to display approved No Smoking signs in prominent places for all employees, customers and visitors. They will also have to make reasonable efforts to ensure that staff, customers and visitors are aware of the smoke-free status of the premises.
Who will enforce the law?
Environmental Health Officers will have the power to enter all No Smoking premises to ensure that the smoking ban is being upheld. They will also be able to give out fixed penalty notices to anyone who is committing, or has committed an offence.
What guidance will be issued?
Businesses will be sent detailed guidance in the autumn, in time for the ban coming into force on 26 March 2006.
What will the penalties be?
Employers and Managers could face a fixed penalty of £200 if they don’t provide adequate signage or take reasonable action to stop someone smoking on the premises. Individuals who break the law will face a fixed penalty of £50.
Is better ventilation not the answer?
No. There is no safe level of exposure to passive smoking. Ventilation systems remove the smell and visibility of smoke but they don’t remove toxic carcinogens from the air.
Does a smoking ban in public places not infringe people’s personal liberty?
Seven out of ten Scots choose not to smoke and while the ban is not intended to curb personal choice, it is intended to give non-smoking Scots the right to breathe clean, smoke-free air.
Where can I get further information?
You can log onto www.clearingtheairscotland.com where you will find more detailed questions and answers, as well as case studies on businesses that already have smoke-free policies.
Smoking – the facts
- More than 13,000 people die every year in Scotland from tobacco use – the equivalent of 250 people a week or 35 people a day
- Lung cancer kills more people than any other type of cancer
- 9 out of 10 cancer deaths are caused by smoking
- In Scotland, 1,000 people who have never smoked die every year because of passive smoking
- It is estimated a smoking ban will prevent 219 deaths a year from lung cancer and up to 187 deaths a year from stroke and respiratory diseases
- 30 minutes exposure to passive smoking is enough to reduce coronary blood flow in healthy adults
- Long term exposure to passive smoking increases the risk of lung cancer by 20% - 30%
- Three quarters of people who die from passive smoking are women
Sources: UK Health Education Authority – Deaths in 1995; Cancer Research UK 2002; Scientific Committee on Smoking and Health 2004; University of Glasgow 2005; Health and Economic Research Unit, Aberdeen University, 2004; Journal of the American Medical Association 2001
