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SMOKING IN PUBLIC PLACES: A CONSULTATION

REDUCING EXPOSURE TO SECOND-HAND SMOKE

Here we explain about the current arrangements which aim to reduce exposure to second-hand smoke in public places in Scotland and what the options are for the future.

Existing policy

The Scottish Executive currently works in partnership with business interests to encourage smoke-free environments in enclosed public places in Scotland through voluntary action. It supports Scotland's Health at Work and NHS Health Scotland in efforts to encourage employers to introduce smoking policies in their workplaces.

As a result smoke-filled buses and cinemas are a thing of the past and an increasing number of shopping and sports centres, restaurants and other public places have adopted smoking policies which prohibit smoking or which provide separate smoking areas.

Workers and customers in some environments are, of course, liable to experience much greater exposure to second-hand smoke. Bar staff and those working in the hospitality industry are obvious examples. To encourage improvements in smoke-free provision in the licensed, tourism and hospitality sector - pubs, bars, restaurants, hotels, etc. - an industry initiative The Scottish Voluntary Charter on Smoking in Public Places was launched in May 2000 to encourage venue operators to set a formal smoking policy. Operators can currently adopt one of five levels of policy:

• Smoking: no special segregation or special ventilation equipment;
• Ventilated: non-defined areas, but special ventilation equipment used to improve the comfort of non-smokers;
• Designated areas: with spaces clearly defined for smoking and non-smoking;
• Separated: smoking and non-smoking areas separated by walls; and
• Non-smoking: no smoking allowed at any time.

By 2003, a survey of businesses in the Scottish leisure industry found that 61% had some form of non-smoking provision (up from 39% in 2000) and 34% had a written smoking policy (up from 25% in 2000). However, in Scotland it is estimated that 7 out of 10 pubs still allow smoking throughout their premises.

Current Liquor Licensing arrangements may impose restrictions on smoking in certain circumstances, for example in areas where children have access.

What are the options for the future?

The options available to the Scottish Executive to reduce exposure to second-hand smoke are outlined below:

Continuation of voluntary action

We can continue to work with the business sector to accelerate smoke-free provision through voluntary action. This could, for example, involve industry groups agreeing and committing to deliver against stretching targets for expanding the number of smoke-free public places or the percentage of premises with enclosed smoke-free areas.

Impose statutory controls

We could draft new public health laws in Scotland which restrict or prohibit smoking in enclosed public places. This could take the form of:

• a total, Scotland-wide ban on smoking in enclosed public places; this could, if necessary, exempt some areas such as residential care homes, prisons, etc.;
• a targeted, Scotland-wide ban on smoking in specific places - for example hospitals, schools, public transport, etc. - or in certain circumstances, for example where food is served, or where children have access;
• giving powers to Local Authorities to regulate smoking in public places in their areas; or
• a combination of targeted statutory controls and voluntary action in other areas.

Employers have a duty under section 2(1) of the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practical, the health, safety and welfare at work of all their employees. However, this legislation is reserved to Westminster. Any laws restricting smoking in the workplace on the basis of health and safety would need to be legislated for at the Westminster Parliament on a UK basis.

We want to hear your views on how we should proceed in the future.
Please take the time to complete the response form attached.

DEFINITIONS

Passive smoking

Passive smoking means breathing in other people's tobacco smoke.

Second-hand smoke/Environmental Tobacco Smoke (ETS)

Other people's tobacco smoke, either from the burning tip of the cigarette or the smoke that is exhaled by the smoker. ETS has been classed as a Class A (known human) carcinogen by the Environmental Protection Agency in the USA, in the same class as asbestos, arsenic, benzene and radon gas. A non-smoker living with a smoker is exposed to an average of about 1% of the tobacco being actively smoked.

Public place

A public place can be defined as any enclosed or semi-enclosed area that members of the public have access to that provides a business or service. It includes workplaces, buildings and transport.

Enclosed public place

A single space completely enclosed on all sides of any opening.

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