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.”
