Scotland Smoking Ban - Current Law
Smoking, Health and Social Care Act (Scotland) 2005
Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006
Summary of the ban
The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in certain Premises (Scotland) Regulations 2006 come into effect on 26th March 2006 at 6am.
The law was introduced to save lives and prevent diseases caused by passive smoking.
From this date staff, customers and visitors are not allowed to smoke within your business or organisation's premises if these are wholly or substantially enclosed. This includes previously designated 'smoking rooms'.
The definition of 'wholly or substantially' enclosed:
"A public place is wholly or substantially enclosed if it has a ceiling or roof and, except doors, windows and passageways is wholly enclosed, whether permanently or temporarily; or it has an opening which is less than half of the area of its walls".
Exceptions:
- Residential accommodation
- Designated rooms in adult care homes
- Adult hospices
- Designated rooms in psychiatric hospitals and units
- Designated hotel bedrooms (there is no legal obligation on the proprietors of these premises to provide designated smoking rooms if they do not wish to do so)
- Designated detention or interview rooms
- Designated rooms in offender accommodation premises
- Offshore installations
- Private vehicles
As an employer what will you have to do to comply with the law?
- Take reasonable measures to ensure staff, customers and visitors are aware of the new law and that they do not smoke on the premises.
- Display no smoking notices so that they are clearly visible to all employees customers and visitors while on the premises including at each entrance, in the toilet facilities and staff rooms.
Premises Signage
Signs must be obviously displayed and protected from tampering, damage removal or concealment.
Minimum premises signage requirement is a no smoking notice which:
- Is at least 230mm x 160mm in size
- States that the premises are no-smoking premises and that it is an offence to smoke there or knowingly permit smoking there
- Displays the international "No smoking" symbol, at least 85mm diameter
- Displays the name of the person to whom a complaint may be made by anyone who observes someone smoking
- Notices are displayed so that they are clearly visible to all employees customers and visitors while in the premises - at each entrance, in the toilet facilities and staff rooms
Vehicles Signage
The law also states that you must display "No Smoking" signs in or on any vehicles that are affected by the ban in such a way that the signs can be seen and read by persons who are in the vehicle, as well as persons approaching the vehicle in question.
Vehicles includes:
- Trains
- Buses
- Private hire cars
- Any vessel, boat or hovercraft
Minimum vehicle signage requirement:
A no smoking sign which:
- States that the vehicle is no-smoking and that it is an offence to smoke there or knowingly permit smoking there
- Displays the international "no smoking" symbol
- Displays the holder of a particular post (e.g. the manager) to whom a complaint may be made by anyone who observes someone smoking
Recommendations / Best Practice
- Develop and implement smoke-free policies
- Provide stubbing bins at entrances
Considerations:
- Where an outdoor smoking area is being created - provide cigarette litter bins
- Smoking shelters provide a covered, weather proof area for smokers
- Safety of individuals in the outdoor smoking area is vital - e.g. anti-slip, correct lighting etc.
Penalties for breaking the regulations:
- Breaking the regulations is a criminal offence
- Individuals who smoke in no smoking premises will be liable to a fixed penalty fine of £50
- Those in control of no-smoking premises could be liable to a fixed penalty of £200 if they do not take reasonable action to prevent someone smoking on the premises, or if they do not provide adequate No Smoking Signs
- Refusal or failure to pay may result in prosecution and a fine of up to £2,500.
Enforcement
The law is enforced by Environmental Health Officers.
Areas where staff or customers can smoke
If you would like to provide outdoor smoking areas for your staff or customers, you should consult your staff, then take legal and local planning advice to make sure your proposals comply with the law.
In planning any outdoor smoking area please remember that the legal definition of a wholly or substantially enclosed area - which determines whether or not.
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