Smoking ban 2007

Spring 2008

The year moves on towards the warmer weather. If you are still considering large parasols, please compare our quality and price.

Still wondering about the questions and answers?...

Myth or fact?
There are lots of questions about where people are allowed to smoke now the ban is in place. Some common misconceptions:

I've heard that it is just places serving food that will go smoke free - is this true?
No, the law refers to virtually all 'enclosed' public places and workplaces regardless of whether or not they serve food. This includes places like shops, pubs, bars, restaurants and membership clubs.

If I go to a private members club, can I smoke there?
No, from 1st July all private members clubs will also become smoke free.

Some people say that smoking will be banned outdoors, like in the streets
outside pubs.
The new law applies to virtually all enclosed and substantially enclosed public places
and workplaces - but not to open areas like streets.

Who do I call if I see someone smoking - is there going to be an 0800 number?
Yes, a phone-line will be in operation for people to report incidents. The information will be passed to local councils to assist in building compliance with the new law in their local areas. The number will be 0800 587 1667.

The Department of Health has now published smoke-free regulations
The Government has now published the final draft of the smoke-free regulations. These regulations set out the detailed provisions for how smoke-free legislation will work. The draft regulations and a fact sheet are available on the Smoke-free England website at: www.smokefreeengland.co.uk/thefacts/the-regulations.html

What action do businesses need to take?
The new law will make virtually all enclosed and substantially enclosed public places and workplaces smoke-free. This means that places like pubs, bars, restaurants and clubs will be smoke-free by law.

Businesses will need to take the following action by 1 July:

The closure of indoor smoking areas
The displaying of no-smoking signs required by the new law at entrances to buildings
Ensuring that people do not smoke in any enclosed and substantially enclosed areas of your premises

There are other measures that you may wish to consider, such as the creation of a written smoke-free policy for your business and to communicate the new law and its implications to your employees. If you wish to provide outdoor areas for smoking, be sure that you discuss your plans with your local council to make sure you meet planning, building and licensing requirements.

> Further information for businesses can be found at
www.smokefreeengland.co.uk/what-do-i-do/business.html

The new "Smoking in Public Places" legislation due to come into force on 1st July and many people are asking many questions...

It is worth noting that the Government have yet to finalise all the details, so the following information is only for guidance.

The Department of Health now have a web site to provide information on the new legislation, www.smokefreeengland.co.uk which includes draft details of the legislation. There is also a helpline number: 0800 169 1697.

CLICK HERE to download a PDF copy of the Department of Health fact sheet smoking regulations published in December 2006

Morton Parasols is registered to receive ongoing updates regarding the legislation and will regularly update this web page with the latest information

Q - Does the new smoking ban apply to my business?

A - All areas which are accessed by the public must be designated as smoke free areas regardless of the type of business you operate.

Q - What is the definition of 'enclosed' and 'substantially enclosed'?

A - Enclosed - Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis. Tents, marquees or similar will also be classified as enclosed premises if they fall within this definition.

Substantially Enclosed - Premises are substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. This is known as the 50% rule.
When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings that can be open or shut.

A roof includes any fixed or movable structures, such as canvas awnings

Q - I don't employ staff, does it still apply?
A - Yes

Q - Some people say that smoking will be banned outdoors, like in the streets outside of pubs.

A - Smoke free legislation covers enclosed and substantially enclosed public places and workplaces.

The Health Act 2006 also includes powers to make non-enclosed places smoke free if there is "significant risk that, without designation, persons present there would be exposed to significant quantities of smoke". At present, the Government does not intend to make any non-enclosed place smoke free.

The Government is not taking away people's choice to smoke, but recognises that exposing others to second hand smoke can seriously harm their health.

Q - Why are ventilated smoking rooms not an alternative?

A - Evidence shows that ventilation does not provide a solution to eliminating the health risks associated with second-hand smoke. Scientists have shown that to remove the risks of second-hand smoke, an enclosed premises would need wind tunnel-like rates of ventilation, which would then make smoking nearly impossible.

You can read more about this in the joint 2003 report from the Health and Safety Authority and the Office of Tobacco Control in the Republic of Ireland titled The Health Effects of Environmental Tobacco Smoke in the Workplace

Q - How will smoke free legislation impact on the hospitality industry?

A - There is international evidence from countries that have introduced legislation for smoke free public places and workplaces that the overall impact of smoke free legislation on the hospitality industry is not detrimental. The Department of Health addressed the impacts of smoke free legislation in the Regulatory Impact Assessment that was published within Smoke free Premises and Vehicles: Consultation on proposed regulations to be made under powers in the Health Bill.

Q - Has the introduction of smoke free legislation been successful in other countries?

A - Across the world, as the evidence of the risks associated with second-hand smoke exposure has accumulated, action has been taken to reduce people�s exposure to second-hand smoke.

Ireland (2004), Norway (2004), Scotland (2006), New Zealand (2004), Singapore and various Canadian territories and Australian States are examples of places which have introduced comprehensive smoke free legislation (including smoke free pubs, bars and restaurants).

In America, California has had state-wide smoke free public places since 1998 and New York City passed smoke free legislation in 2003. In total, over nine US states have smoke free legislation that required completely smoke free restaurants and bars.

This legislation has proved to be effective in protecting people from the health risks of second hand smoke. Research published in The Journal of the American Medical Association found rapid and significant improvement in respiratory health of bartenders after the implementation smoke free workplace legislation in California

Q - What sort of smoking will smoke free legislation cover?

A - The legislation will cover the smoking of tobacco or anything that contains tobacco, or smoking any other substance, including manufactured cigarettes, hand-rolled cigarettes, pipes and cigars.

This means that anything that is smoked is covered by smoke free legislation, including cigarettes, pipes, cigars, herbal cigarettes and water pipes (including shisha, hookah and hubble-bubble pipes).

Q - What is the aim of smoke free legislation?

A - The new law will protect the people in enclosed public places and workplaces from the harmful effects of second hand smoke.

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See the Fast Bar, ideal accompaniment to smoking parasols