This item was published during the term of a previous administration that ended in April 2007
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Funding to enforce smoke-free public places
04/11/2005
Local authorities have been allocated just over £6 million over three years to enforce the smoke-free legislation in Scotland.
Health Minister Andy Kerr said that although Ministers believed the legislation would be largely self enforcing, it was important to have the right structure and support in place to enforce the ban.
The funding will allow additional staff in every council area, although it will be up to each local authority to decide how to make best use of the additional resources.
Mr Kerr said:
"We believe that we have the support of the majority of the people of Scotland on this issue and that people will comply with the law, as they have done in Ireland. In Scotland 70 per cent of Scots don't smoke and of those who do 70 per cent want to give up.
"Local Environmental Health Officers (EHOs) will work with businesses to support and assist them to comply with the legislation. They will also enforce the new law and have powers to allocate fixed penalty fines to employers and members of the public who breach the legislation.
"The additional funding announced today will help ensure we have the right number of officers in place across the country to enforce the legislation. Both new and existing officers will be responsible for enforcing the legislation.
"We appreciate the support that COSLA has given to the introduction of smoke-free public places.
"Scotland will be the first part of the UK to become completely smoke-free in enclosed public places from March 26, 2006. Our country's health and productivity will improve and the incidence of smoking-related diseases will fall."
Councillor Eric Jackson, COSLA spokesperson on Social Work and Health Improvement said:
"We are wholly committed to this historic piece of legislation. What this clearly illustrates is that when Scotland's two tiers of government work together they are capable of delivering for the people of Scotland.
"We are pleased with the outcome of the negotiations on the funding and look forward to the positive impact on Scotland's Health."
Local authorities will be allocated £600,000 in 2005-06, £3 million in 2006-07 and £2.5 million in 2007-08.
The funding will provide two enforcement officers per council. These are officers who will take enforcement action against those managers and owners of premises, as well as individuals, who do not comply with the smoke-free legislation. It will also provide for additional environmental health resources in each council.
There are fixed penalty fines of £200 for permitting others to smoke in no-smoking premises, £50 for smoking in no-smoking premises, and £200 for not conspicuously displaying warning notices in no-smoking premises.
Enforcement guidance is currently being drawn up in conjunction with COSLA, the Royal Environmental Health Institute for Scotland (REHIS), the police and Crown Office to try to ensure consistency of approach to enforcement throughout Scotland.