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The Smoke Free (Premises and Enforcement) Regs 2006 set out the
details of the smoking ban which is scheduled to come into effect on 1
July. The ban will apply to all substantially enclosed public places and
workplaces (including offices, factories, shops, restaurants, bars, pubs,
clubs, public transport, and also work vehicles used by more than one
person).
Whilst much of the publicity surrounding the ban on smoking
has focused on pubs and restaurants, it is important to appreciate that
they apply to all places of work (provided two or more people work there).
Much will depend upon the exact meaning of the phrase ‘substantially
enclosed’. This will include premises that have a ceiling or roof with an
opening in the walls, or an aggregate area of openings in the walls,
which is less than half the area of the walls (walls include other
structures that serve the purposes of walls and constitute the perimeter
of the premises). Further clarity has also been given to the definition of
a ‘roof’ (this will include any fixed or moveable structure or device which
is capable of covering all or part of the premises as a roof, which would
therefore include a canvas awning). The reality, however, is that the
phraseology used in the Regs is still open to interpretation and much will
depend upon the attitudes of individual enforcement authorities. The
government will be issuing further guidance which will hopefully clarify
the continuing ambiguity on matters such as smoking rooms in hotels.
Source: Berwin Leighton Paisner.
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January 2007 |
