Smoking ban dates

Cigarettes

1 DECEMBER 2006

SMOKING BAN DATES ANNOUNCED

UPFRONT, news, DECEMBER 2006, COMMENTS

The smoking ban for all enclosed public places will begin in Wales from 2 April, Northern Ireland from 30 April and England from 1 July, health secretary Patricia Hewitt has announced.

Whilst the confirmation of a firm date was widely welcomed, indicating a fixed timescale to the implementation of the changes, industry has expressed concern that guidance detailing how compliance can be achieved has yet to be released.

Licensees now have just seven months to prepare for the legislation by creating outdoor ‘smoking areas’, but without confirmation of the type of outdoor areas that will be permitted, applying for the necessary planning and licensing permissions will prove difficult.

Says BEDA Chairman Paul Kinsey: “BEDA welcomes the decision to publish a date for the implementation of the smoking ban in England, but once again calls on the Government to publish regulations immediately to allow operators to actually prepare their businesses for the ban.

“I find it hard to believe that the Government has taken so long to announce the date for the smoking ban - since July 1st has been widely speculated on for some months - and then fail to publish the regulations too.”

Detail of how the legislation will be implemented will be set out in smokefree regulations, proposals for which were published by Government’s in July 2006 as part of a 12-week consultation process, during which trade associates were invited to submit their comments.

The responses will inform the preparation of final regulations, which the Department of Heath say will be published ‘shortly’. Once the regulations have been laid and approved by Parliament, guidance will be produced and made available. At this stage, operators will be able to make amends to their venues safe in the knowledge that their work is in keeping with the letter of the law.

Says BEDA’s Executive Director Paul Smith on the proposals: “BEDA is keen to ensure that the proposed smoking ban is implemented smoothly and successfully so as to cause the minimum disruption to its members’ commercial interests. In order to achieve this, it is essential that the regulations are clear and comprehensible, practical and enforceable. As currently drafted, we do not believe that the detailed rules will be easily understood by customers, licensees and enforcement authorities. Our concerns principally relate to the definitions to be applied to substantially enclosed premises or areas which, as drafted, are unclear and provide little guidance to operators as to which areas of their overall premises – particularly external facilities – are required to be smoke free. We hope that the Government will clarify the areas of uncertainty before issuing the final regulations to enable operators to make the necessary investment with confidence.”

England will be the last country to go smoke free after the Scottish ban was introduced in March and the Republic of Ireland outlawed smoking in 2004. Ms Hewitt said: “This is a triumph for public health and a huge step forward for health protection. Thousands of people’s lives will be saved and the health of thousands more protected. Smoke-free legislation will protect everyone from the harm of secondhand smoke when working, socialising and relaxing and will provide a more supportive environment for smokers who wish to give up.”

Businesses which do not enforce the ban face fines of up to £2,500.

From: December 2006 Issue

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