Frequently Asked Questions
Q1: Will this mean the death of the British
pub?
A: There is considerable international evidence
from countries that have introduced legislation for smoke-free
public places and workplaces that the impact on the hospitality
industry is not detrimental.
Analysis and international experience shows that going smoke-free
can actually be beneficial to the hospitality industry. We must
remember that almost 80 per cent England's population do not smoke,
and this represents a very large market.
There is much evidence about the benefits to hospitality of
smoke-free legislation, but after the first year of Business being
smoke-free, New York City saw:
- Tax receipts in restaurants and bars go up by 8.7 per
cent,
- Employment in restaurants and bars has increased by 10,600
jobs
- New Yorkers overwhelmingly supported the law, and
- Tests showed that the air quality in bars and restaurants
improved dramatically.
There is also comparable evidence of the benefits of smoke-free
legislation for the hospitality industries in other countries
including Ireland, and similar evidence is emerging in Scotland
since their smoke-free legislation was implemented in March
2006.
Importantly, smoke-free legislation will be good for the health of
hospitality workers and patrons. The British Institute of
Innkeeping's magazine recently said that:
"...we are talking about banning the use of a carcinogenic
substance which in enclosed spaces kills or damages the health of
passive smokers—that means licensees and bar staff and customers.
This is a scientific fact, and we should bear this in mind along
with the economic arguments"
Q2: What support is available for people deciding to
quit as a result of the smoke-free
legislation?
A: The NHS provides a wide range of excellent
and easily accessible smoking cessation services including; local
NHS Stop Smoking Services, The Together Programme, the NHS Smoking
Helpline on 0800 169 0169,
http://www.cas.nhs.uk/healthinformation/givingupsmoking/home.aspx
and Nicotine Replacement Therapy (NRT) available on
prescription.
Q3: Is secondhand smoke really that
harmful?
A: In reviewing the evidence of the health risks
from secondhand smoke, the Government's independent Scientific
Committee on Tobacco and Health concluded that exposure to
secondhand smoke was a cause of a range of medical conditions,
including:
- lung cancer
- heart disease
- asthma attack
- childhood respiratory disease
- sudden infant death syndrome, and
- reduced lung function
In 2005, research published in the British Medical Journal
estimated that over 600 deaths each year in the UK are due to
exposure to secondhand smoke in the workplace.
The World Health Organisation has classified tobacco smoke as a
known human carcinogen. The US Environmental Protection Agency
classified secondhand smoke as a "class A" human carcinogen—along
with asbestos, arsenic, benzene and radon gas.
Q4: What evidence is there that secondhand smoke is a
health risk?
A: The evidence base that secondhand smoke harms
health is substantial, and has been reviewed extensively, both in
this country by the Government's independent Scientific Committee
on Tobacco and Health, and overseas.
The World Health Organisations International Agency for Research on
Cancers report "Tobacco Smoke and Involuntary Smoking" published in
2004 reviewed the evidence of the health risks associated with
smoking and secondhand smoke—that report is over 1,400 pages
long.
The US Surgeon General published a 700 page report in June this
year that examined a great deal of evidence and found that even
brief secondhand smoke exposure can cause immediate harm. The
report says the only way to protect non-smokers from the dangerous
chemicals in secondhand smoke is to eliminate smoking indoors and
that exposure of adults to secondhand smoke has immediate adverse
effects on the cardiovascular system and causes coronary heart
disease and lung cancer. The Surgeon General said on the
publication of the report that:
"The scientific evidence is now indisputable: secondhand smoke is
not a mere annoyance. It is a serious health hazard that can lead
to disease and premature death".
Q5: Has the introduction of smoke-free legislation
been successful in other countries?
A: Across the world, as the evidence of the risks
associated with secondhand smoke exposure has accumulated, action
has been taken to reduce people's exposure to secondhand
smoke.
Ireland (2004), Norway (2004), Scotland (2005), New Zealand (2004),
various Canadian territories and Singapore are examples of
countries which have introduced comprehensive smoke-free
legislation.
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 secondhand smoke. The Journal of the
American Medical Association documented a significant improvement
in respiratory health among bartenders after the passage of the
Californian smoke-free workplace legislation.
According to the British Medical Journal, the US state of Montana,
saw a 40 per cent drop in hospital admissions for heart attacks
during a 6 month period of smoke-free workplaces.
The smoke-free provisions of this Bill are consistent with what
many other Governments are doing to protect people from the harmful
effects of secondhand smoke. Smoke-free legislation is proving to
be not only very effective in protecting health, but is also very
popular.
Q6: I work from home – will it be required to be
smoke-free then?
A: It depends. Any part of a private dwelling that
is used solely as a place of work may be required to be smoke-free
if it is used by more than one person who does not live there, or
if members of the public can actually come into that part of the
dwelling in the course of work. The situation will be set
out in much more detail in the Regulations.
Q7: Does this legislation cover sports stadiums? I
don't want to sit (in a covered stand) next to a smoker when I have
paid £800 for a season ticket!
A: The Bill allows regulations to be made that
designate additional smoke-free places which are not covered by
Clause 2 where people are at risk of being exposed to significant
quantities of secondhand smoke. This might include sports stadia or
other non-enclosed places, but it is a decision for the future, and
only after the Government consults the public.
Q8: I don't like breathing smoke outdoors either – why does
this legislation apply to indoors only
A: The Health Bill will require enclosed or
substantially enclosed public places and workplaces to be
smoke-free. The Health Bill includes powers for other places to be
required to be smoke-free, but the Government has no plans to
make outdoor areas smoke-free at the present time.
Q9: Won't this fill the streets with cigarette
butts?
A: We are working closely with businesses and our
colleagues in local government and in DEFRA to consider the issues
of litter in outdoor areas. Nevertheless, international experience
has been that this matter can be managed effectively.
Q10: Won't sending drinkers outside lead to noise
problems?
A: Pubs and bars will not be obliged to provide
outdoor areas for smoking. If they do want to open one, they will
need to obtain necessary planning permissions. We would not expect
that neighbours should have to put up with high noise levels from
drinkers now, or once smoke-free legislation has come into
force.
Q11: Is this just about smoking in
pubs?
A: No. All enclosed workplaces and public places,
including restaurants, pubs, schools, public transport and
membership clubs will be required to be completely smoke-free once
the legislation is implemented on 1st July 2007. There will be
limited exemptions from smoke-free legislation, mainly for premises
that act as an individual's dwelling, or are clearly a private
space. These exemptions will be set out in the
Regulations.
Q12: My office is not smoke-free when the smokers
stand outside and all their smoke blows back in through my window.
Why can't they be made to smoke away from the
building?
A: The provisions made under the Health Bill only
pertain to enclosed and substantially enclosed workplaces and
public places. Employers and business owners will need to consider
issues as they arise and seek the most appropriate action.
Q13: Why are adult care homes exempt?
A: The Choosing Health White Paper made a
commitment that special arrangements would be needed for certain
workplaces when considering legislation. These workplaces were
places such as hospices, prisons, and long-stay residential care
establishments, which are also places of residence. We can see good
reason for treating these workplaces differently to recognise the
human rights of those people that call such places home.
Q14: Why are the people who work in places where
smoking will be allowed to take place not protected from secondhand
smoke?
A: Requirements for rooms in premises where people
can smoke will protect against drift of secondhand smoke into other
areas of the premises. This includes the requirement for closing
doors to the room.
Q15: Am I going to be guaranteed a smoke-free hotel
room? What is to stop the hotelier letting the room as smoking one
day and smoke-free the next?
A: While smoke-free legislation will not guarantee
that people will get a smoke-free hotel room, the regulations
require that hotel proprietors must designate in writing which
rooms are not smoke-free and ensure that hotel rooms for smoking
are clearly signed.
As the popularity of non-smoking hotels rooms is high, we are sure
that people will not have too much trouble finding smoke-free hotel
accommodation.
Q16: I am a health visitor, can I insist the client
stop smoking when I visit them at home?
A: The Regulations will not require that, but home
visitors can always ask a resident not to smoke during home
visits.
Q17: Won't the 50% rule on defining "substantially
enclosed" lead to confusion?
A: All enclosed and substantially enclosed public
places and workplaces will be required to be smoke-free.
The Regulations make clear what is meant by an "enclosed" and
"substantially enclosed" premises, and what is not.
Not only do the regulations make clear what we mean
by enclosed and substantially enclosed, but we will also make it
clear in guidance.
Q18: I am a mini cab driver, can I smoke in my own
vehicle if I don't have any passengers?
A: No. Under the regulations, all vehicles used
for public transport will be required to be smoke-free at all
times. This means that a member of the public will know that
whenever they use public transport of whatever type, it will be
free from hazardous secondhand smoke.
Q19: Will the regulations include all company
vehicles?
A: Where a vehicle is used as a workplace by more
than one person, regardless of whether they are in the vehicle at
the same time, it will be required to be smoke-free at all times.
This protects shift and other workers who use the same vehicle from
the health risks associated with secondhand smoke.
Smoking will, however, be permitted in vehicles that are for the
sole use of the driver and are not used as a workplace by anyone
else, either as a driver or passenger.
Q20: Can I smoke in my privately owned
vehicle?
A: Smokefree legislation does not extend to
privately owned vehicles.
Q21: Can you smoke on train platforms?
A: This would depend on whether the platform was
substantially enclosed or not.
Q22: How will I know whether or not they are
substantially enclosed?
A: Those with responsibility for the train station
will be expected to ensure that appropriate signage is in place, so
travellers can be sure where they can and cannot smoke.
Q23: I share a company vehicle with one other person.
We are both smokers and want to smoke in that vehicle. Why
shouldn't we?
A: This legislation has been developed to protect
both smokers and non-smokers from secondhand smoke.
Q24: Fines are very well, but if the publican of my
local persistently fails to provide a smoke-free environment,
shouldn't they lose their licence?
A: There is no provision in smoke-free legislation
for offences to result in a review of a pub's licence. We believe
the penalties described in the regulations are a sufficient
deterrent, and we expect that pubs and other hospitality venues
will want to comply with the legislation to make their premises a
better and more healthy place to visit and work.
Q25: Who's going to enforce all of this – the smoke
police?
A: Within regulations, we propose that enforcement
will be a matter for local authorities, who will appoint their
enforcement officers. In England, we envisage that this would
be likely be local environmental health officers, but local
authorities may wish to appoint other officers, including for
example, trading standards or local enforcement officers.
Nevertheless, we know from the experience of other countries that
smoke-free legislation is largely self-enforcing.
Q26: Who do I call if I see someone smoking – is there
going to be an 0800 number?
A: Yes. Further details will be made public in due
course.
Q27: I am a landlord of a busy pub, what do I do if I
cannot get someone to stop smoking on my premises? Who do I call –
the police?
A: In such situations, management should follow
their standard procedures as they would in other situations where a
customer was behaving in an unacceptable and uncooperative
manner.
Q28: Why are only local authorities expected to
enforce this legislation? Why not the Health & Safety
Executive, the Police and Community Safety Wardens? Surely the more
people who are authorised, the greater the
deterrent?
A: To ensure consistency of enforcement across
England. Local authorities are also responsible for enforcement in
Scotland which we understand is working well.
Q29: How soon after the new legislation has been
implemented will the enforcers be inspecting workplaces for
non-compliance?
A: Enforcement officers will be working closely
with businesses in the lead up to implementation in order to build
understanding of the requirements of the legislation and will be
on-duty to ensure compliance is maintained once the legislation
comes into force in July.
Q30: Will there be a requirement for signage in
smoke-free areas?
A: Yes. All premises and vehicles that are
required to be smoke-free will have to display signs as set out in
the consultation. These will be made available free of charge from
the Government.
Q31: Whose name will go onto the no-smoking
signage?
A: The regulations do not require signs to carry
anyone's name. However, organisations may choose to do this should
they wish to. People who want to make a complaint about smoking in
a smoke-free place should speak to the manager of the
premises.
Q32: Who will be responsible for providing signs for
company vehicles?
A: Anyone with management responsibilities for the
vehicle will be required to ensure signage that meets requirements
is displayed.
Q33: Where will the signage be available from and when
will it be available?
A: The Department of Health will make signage
available on request and via a website in the lead up to the law
coming into place, however, the onus will be on individuals with
management responsibility for smoke-free premises or vehicles to
ensure that signage that meets requirements is in place.
Q34: Will the signage be the same as the signage in
Scotland?
A:Through consultation with stakeholders, we have
developed signage requirements that are appropriate for
England.
Q35: Will trains and trucks that travel between
England and Scotland need two sets of signage?
A: Scotland's pre-existing signage requirements
will meet the signage proposals set out in the consultation.
Q36: When will we get guidance on the new
law?
A: After the regulations have been approved by
Parliament.
Q37: Will there be guidance available on the web to
assist workplaces implement the proposed changes?
A: Yes and we intend to ensure resources are
available in many forms and advice is easily accessible to assist
businesses to prepare for smoke-free legislation .
Q38: Will there be clear guidance on the provision of
smoking shelters?
A: As long as smoking shelters are not enclosed or
substantially enclosed, they should be lawful. "Enclosed" and
"substantially enclosed" is defined in the regulations and in
guidance that will be given to businesses.