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Western EuropeJuly 3 2007

No ifs or butts for the City’s smokers

Smoking in enclosed public spaces, including offices, is about to be made a criminal offence in England. The move is welcomed in many quarters, but employers whose employees break the law will be liable to pay much heftier fines than the errant employees themselves, writes Michael Imeson.
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What is it?

Under the Health Act 2006, from July 1 this year smoking in enclosed public buildings and workplaces in England will become a criminal offence. The main targets are pubs, clubs and restaurants, but the law covers virtually all public premises, including branches and offices of financial institutions, and prohibits staff smoking rooms. Employers face big penalties if their staff are found lighting up at work, if they do not put up the required number of ‘no smoking’ signs and if they do not adequately warn staff of the law’s requirements.

Who dreamed it up?

The Department of Health is behind the move. Local councils will be responsible for enforcing the ban.

What are its main provisions?

Smoking is prohibited in most enclosed public premises and workplaces. Those in charge of smoke-free buildings must:

  • ensure that no-one smokes in them;
  • remove indoor smoking rooms;
  • display numerous ‘no smoking’ signs;
  • ensure that staff, customers and visitors are aware that the premises are legally required to be smoke-free.

There will be telephone lines for employees to tell local councils if their employers are breaking the law.

What’s in the small print?

Smoking outside will not be allowed if there is too much protection against the elements. For example, a porch, tent or three-sided shed could be construed by the authorities to be “substantially enclosed” and hence the smoking ban would apply.

What does the industry say?

Financial services bosses do not object to a general ban on smoking; what many object to, though, is the way in which it will be implemented and enforced, with no give and take.

Jeremy Nixon, international employment consultant at City solicitors Bird & Bird, says: “Although most banks have been non-smoking for years, it is not unknown for certain [senior employees] to continue smoking in their offices, especially at the end of normal business hours. However daunting the task, [this will] have to be tackled.”

How much will it cost?

Every company will have to bear the cost of displaying ‘no smoking’ signs, educating staff about their obligations, and monitoring compliance. The fines for non-compliance are:

  • for an individual caught smoking, £50 (€74) to £200;
  • for an employer failing to display a ‘no smoking’ sign, £200 to £1000;
  • for an employer failing to prevent smoking, up to £2500.

In other words, employers will be fined more than smokers.

What do the legislators say?

The Department of Health says that passive smoking is unpleasant and damaging to health, that most people favour the smoking ban, that it will encourage more smokers to quit, and that the voluntary approach for employers to ban smoking has been a limited success.

The law of unintended consequences

The Department for Environment, Food and Rural Affairs is considering whether to make employers liable for fines of up to £110 if their employees drop cigarette butts on the pavement, in which case employers may ban smoking outside their front doors.

Could we live without it?

Yes, because financial institutions already impose their own smoking bans. But, with similar prohibitions being imposed in other European countries, the UK has the perfect excuse to follow suit.

Rating: 2

Rating scale:

5 = Essential;4 = Useful; 3 = Neutral;2 = Unnecessary; 1 = Waste of time.

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