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 Environmental Health section of TEC Services have been the task of ensuring compliance with the legislation
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.
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 228743
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