The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain premises (Scotland) Regulations 2006 come in to effect on 26 March 2006. The Scottish Executive have awarded the Council funding to allow appropriate support to be put in to place to enforce the smoking ban in public premises. The Environmental Health section of TEC Services have been the task of ensuring compliance with the legislation
Two Enforcement Officer posts, based in Inverness have been created to carry out proactive and reactive visits for the purpose of assessing compliance, offering guidance and advice and if necessary carrying out enforcement action, including the service of fixed penalty notices. The officers appointed will cover the whole of the Highland Area. In addition existing environmental health staff will include smoking enforcement during other visits, e.g. Food Safety or Health & Safety inspections.
There are currently approx. 4500 premises where the Council enforces Health & Safety. Of these, approx 1500 are pubs and restaurants. In addition to these, the Council will be responsible for enforcing the smoking ban in premises such as factories etc., where Health & Safety enforcement is currently the responsibility of the Health & Safety Executive.
Initially, enforcement will be high profile. It is intended that when the ban is introduced officers will from the area offices in the Highlands will visit premises such as pubs and restaurants to gauge compliance with the legislation and to give initial advice and guidance if required.
Visits to premises may be overt, where the officers announce themselves to the person in charge, on arrival; or covert, where no announcement is made. Thereafter the officers may choose to speak to the person in charge, or leave and return for a discussion the following day. It is expected that in future, after general acceptance of the legislation, officers will mainly work alone. In general enforcement will take the form of non-confrontational education and advice. However there will be provision for formal action, including the service of fixed penalty notices and prosecution, if necessary.
Failure to comply with the law will be a criminal offence. Individuals can be fined a fixed penalty of £50 for smoking in no-smoking premises. The manager or person in control of any no-smoking premises can be fined a fixed penalty of £200 for either:
allowing others to smoke in no-smoking premises, or failing to display warning notices in no-smoking premises
Refusal to pay or failure to pay may result in prosecution and a fine of up to £2,500
A guide for employers, managers and those in control of premises can be downloaded from the website as well as No Smoking warning signs. See the 'External Links' section for these.
Guidance booklet and copies of No Smoking signs can be ordered from the Scottish
Executive Department, Tobacco Control Division, St Andrews House, Edinburgh,
EH1 3DG.Tel 0131 244 5660,Fax 0131 244 2606
The smoke fee compliance line telephone number is 0845 1307250
General enquiries can be directed to env.health@highland.gov.uk or telephone 01463
702662