The Smoking Ban and How to Deal With It
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A practical DVD explaining how the Act will work in practice, penalties and
defences, and how those who want to continue to smoke can still be accommodated
Essential viewing for all those responsible for the operation or management
of premises to which the public have access and certain vehicles which
must be smoke free in England from 1 July 2007.
The DVD has contributions and practical suggestions from 6 lawyers
on different aspects of the ban and concludes with contributions from
two members of the Licensed Trade one of whom has premises in Scotland
and Wales where the ban already has effect.
This DVD will be especially useful to:-
Operators of Leisure and other premises
Employers HR Departments
Breweries and Operators of Licensed Premises
Local Authority Enforcement and Health and Safety Departments
Lawyers Practising in Regulatory Matters
Police Enforcement Departments
Public Transport Providers (on sea and on land)
Contents
• Introduction and Summary of the Main Changes to the Law.
• Signage, Penalties and Defences.
• Smoking Outside Buildings (covering shelters, litter and other matters)
• Necessary Changes to Premises Licences.
• The Implications of having Outside Smoking Shelters and Activities
including
(a) Town and Country Planning Consent
(b) Portable Smoking Shelters and Noise
(c) Problems from Smoke
• Employment Matters including
Smoking Rooms
Smoking Breaks
Working from Home
Exceptions to the Rules
Need for New No Smoking Policy
How to Bring Changes into Effect
• Smoking Laws Affecting Transport including
Company Owned Commercial Vehicles
Privately Owned Commercial Vehicles and Cars
Buses (Including open topped and others), Trains, Taxis
Information regarding ferries, shipping and aircraft etc.
Floating Restaurants and Bars
NEWS RELEASE
THE government may have to introduce smoking “exclusion zones”
around buildings before too long, a leading solicitor has warned.
Licensing and planning expert Lionel Fynn says the move may be the
only answer as the new ban on smoking in public places will cause
problems for the man and woman in the street as never before.
Speaking at the launch of a definitive DVD guide he has produced about
the new law which comes in on July 1, Mr Fynn said the slogan ‘England
becomes smoke free’ is misleading.
“Actually, smoke is being driven out of public buildings and
public places and out into the street where people will be affected
hugely. The problem is being moved, not removed.”
He added: “Many people who have been able to make a conscious
choice to avoid smoke in pubs, clubs and other places may now come
face to face with it out in the open because they will have to run
the gauntlet of groups of smokers congregating outside buildings and
on the pavement.”
He said local councils would have to “get a grip” of potential
enforcement issues while the new legislation comes in.
“People think that July 1 is the end of the matter and everything
will be sorted out. I don’t think it will. There will be a number
of entirely new problems to be addressed. The real fun will start
on July 1 when we see what smokers want to do and where they want
to do it.”
Noise is likely to be an issue especially in residential areas, when
smokers gather in groups outside premises in the evening. Litter may
also be another major headache. Some local authorities are already
concerned about the number of discarded cigarette butts on the streets
and new legislation is proposed on this subject.
Smoke ‘blowing back’ inside premises is also likely to
figure as an issue.
A recent issue at Poole General Hospital where smokers congregated
right outside the entrance, was a classic case in point he said. Patients
were annoyed that smoke was blowing back into the building itself,
but the hospital authorities admitted they were powerless to act.
“I can see in the long run the only answer may be to have fifty
metre exclusion zones enforceable by law to move smokers away from
premises.
“There are by-laws prohibiting the drinking of alcohol in certain
places and smoking could well be treated in the same way.”
The video, produced by Lionel Fynn in conjunction with Plato Video
examines these and other problems and is a practical guide to how
the Act will work in practice, defences, penalties and how smokers
can be accommodated.
It is essential viewing for all those responsible for the operation
and management of premises and vehicles to which the public have access
and which must be smoke free by July 1.
It will be especially useful for operators of leisure facilities and
licensed premises, employers’ human resources and health and
safety departments, local authorities, lawyers, police and public
transport providers.
“If anyone believes that all the issues will be resolved on
the stroke of Sunday July 1, they need to think again,” said
Mr Fynn. “The information on the DVD will be just as useful
after July 1 as before.”
The DVD which is available from Plato Video at 3 Poole Road, Bournemouth
BH2 5QJ for £23.50 inclusive of VAT has contributions from six
specialist lawyers from Horsey, Lightly, Fynn, on different aspects
of the Act along with two members of the licensed trade, one of whom
has premises in Scotland and Wales where the ban is already in effect.
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