This item was published during the term of a previous administration that ended in April 2007
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Smoke free guidance published
08/11/2005
A guide to help employers across the country - large and small - implement the new smoke-free legislation was published today.
Scotland will be the first part of the UK to become completely smoke-free in all enclosed public places from 6am on March 26, 2006.
The aim of the guide, launched today, is to make sure every business and public place classed as 'no smoking' under the new law is ready when the ban comes into effect.
Launching the guide at First Coast restaurant in Edinburgh, Health Minister Andy Kerr said:
"Scotland will become smoke free in enclosed public places from March next year. Our country's health and productivity will improve and the incidence of smoking related disease will fall as a result.
"Employers and their staff have a duty to comply with the legislation and we gave a commitment to support employers in doing this.
"The guide published today has been developed in consultation with businesses and other organisations and does just that.
"It details places covered by the law, how to comply, what signs need to be displayed and what to do if someone ignores the smoking ban.
"We believe that people will comply with the law and that it will be self-enforcing. In Scotland 70 per cent of Scots don't smoke and of those who do, 70 per cent want to give up.
"We are confident that, in time, the improvement in public health delivered through this legislation will be regarded as one of the greatest achievements of devolution."
Deputy Enterprise Minister Allan Wilson said:
"This move is clearly for the good of the public's health and there will be a clear duty on employers to comply with the new law.
"I am confident that Scotland's hospitality industry has the foresight and the entrepreneurial expertise to realise the business opportunities of a smoke free environment.
"Evidence from other countries has shown that similar measures have in fact been good for business. There is a clear market for non-smoking premises - including pubs - across Scotland."
The guidance will be followed up with more specific advice to local authorities, the NHS and other care service providers about the development of no-smoking policies for staff and those who use their services. This will include those care sector premises exempted under the legislation, who may designate 'smoking rooms'. The aim will be to ensure that no-one is unnecessarily exposed to second-hand smoke. There is no obligation on proprietors exempted under the new law to provide designated areas for smoking. If they do so, they should be working towards a smoke-free policy for the future.
Local Environmental Health Officers (EHOs) will work with businesses to support and assist them to comply with the law.
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 fines are
- £200 for permitting others to smoke in no-smoking premises
- £50 for smoking in no-smoking premises
- £200 for not conspicuously displaying warning notices in no-smoking premises
Enforcement guidance is 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.