Calling time on smoking in pubs

Jun 7 2007 By Richard Arnot, The Journal

Richard Arnot reflects on the up-coming smoking ban from a legal viewpoint.

From 6am on July 1, 2007, smoking will be banned in certain public premises, places and vehicles in England. Smoking is already prohibited in some buildings such as hospitals, stadiums, most working environments, certain pubs and restaurants and public transport.

Following the ban it will be an offence to smoke in pubs, bars, restaurants, hotels, clubs and any internal area used by more than one member of staff or patrons. There will be no such thing as a smoking room because it would be too "enclosed" as defined in the Health Act.

Any premises which are found to be "substantially enclosed" would also not be suitable as a smoking area.

Substantially enclosed means a structure with a ceiling or roof and surrounded mostly by walls, eg tents, marquees, conservatories and many bus shelters. Smoking in such places was banned last spring in Southern Ireland in 2005, in Northern Ireland and Wales in April 2007.

And the reason why?

Smoking is a major cause of cancer. Comprehensive reviews of the effects of passive smoking have highlighted this as a major risk to health.

The World Health Organisation and various government advisers have shown that exposure to secondhand smoke is a serious risk to non-smokers. Professor Konrad Jamrozik, of Imperial College London, estimates that secondhand smoke is responsible for one premature death each week in Britain's pubs, bars, clubs and casinos.

The Law: the Health Act 2006 is the legislation behind the smoking ban. Enforcement could fall within the powers of a number of designated authorities - such as the police.

The punishment for smoking in smoke-free premises will be a fixed fine of £50 up to a maximum of £200. The fixed fine will be similar to a parking ticket with a standard discount for prompt payment.

The offence of failing to prevent smoking in a smoke-free place will attract a fine up to a maximum of £2,500. Unpaid fines would result in court proceedings. For more information on the law visit: www.smokefreeaction.org.uk

What's happening in Newcastle?

Pubs and clubs in the area are already making provision for smoking areas or shelters. Some are using existing outside areas, some applying for planning permission to alter their premises.

Smokers cannot however be prevented from smoking outside. It is hoped that pavements could be used under licence or by agreement for premises without an external area to adapt.

Unless organised provision is made for smoking in the streets they could be littered with cigarette butts and smokers. This would not promote the City as an attractive place to come to. We are working in partnership with the council and the police to make this transition as smooth as possible.

• Richard Arnot is head of licensing at Mincoffs, which represents licence holders for pubs and clubs in Newcastle and throughout the UK. Mincoffs Solicitors is at 5 Osborne Terrace, Jesmond, Newcastle, NE2 1SQ, tel: (0191) 281-6151.