Bob Drummond

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Bob Drummond Senior Environmental Health
Officer (Health Safety), Angus Council
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PRACTICAL ENFORCEMENTOFSMOKE FREE LEGISLATION.
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NEW LAW WILL TAKE EFFECT ON26 MARCH 20066.00
AM
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THE PROHIBITION OF SMOKING IN
CERTAIN PREMISES (SCOTLAND)
REGULATIONS 2006
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NO-SMOKING PREMISES LISTED IN SCHEDULE 1OF THE
REGULATIONSINCLUDEBARS PUBLIC HOUSES
RESTAURANTS HOTELSPRIVATE CLUB
PREMISES VEHICLES USED AT WORK
HOSPITALSEDUCATIONAL ESTABLISHMENTS
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• EXEMPTIONS LISTED IN SCHEDULE 2 OF THE REGS
• RESIDENTIAL ACCOMMODATION
• DESIGNATED ROOMS IN ADULTCARE HOMES
• ADULT HOSPICES
• DESIGNATED ROOMS IN PSYCHIATRIC HOSPITALS UNITS
• DESIGNATED HOTEL BEDROOMS
• DETENTION/INTERVIEW ROOMS
• DESIGNATED ROOMS IN OFFSHORE INSTALLATIONS
• PRIVATE VEHICLES
• DESIGNATED LABORATORY ROOMS
• HM SUBMARINES AND SHIPS OF THE ROYAL FLEET
  AUXILIARY.

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PREMISES DEFINITIONANY BUILDING OR PART OF A
BUILDINGANY STRUCTURE OR PART OF A STRUCTURE
WHETHER MOVEABLE OR OTHERWISE.ANY INSTALLATION
ON LAND.ANY TENT, MARQUEE OR STALL.
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NO-SMOKING PREMISESAS ABOVE BUT WILL INCLUDE
VEHICLES WHICH ONE OR MORE PERSONS USE FOR WORK
.PREMISES or CLASSES OF PREMISES WHICH ARE
WHOLLY OR SUBSTANTIALLY ENCLOSED.
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WHOLLY ENCLOSEDHaving a ceiling or roof and,
except for doors, windows and passageways, wholly
enclosed, whether permanently or
temporarilyora vehicle or part of a vehicle
having a top or roof and, except for doors,
windows, exits, wholly enclosed whether
permanently or temporarily.
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SUBSTANTIALLY ENCLOSEDTHE OPENING IN THE
PREMISES HAS AN AREA,orIF THERE IS MORE THAN
ONE, BOTH OR ALL THOSE OPENINGS HAVE AN AGGREGATE
AREA (lt50),WHICH IS LESS THAN HALF OF THE
AREA OF THE WALLS, INCLUDING ANY OTHER STRUCTURES
SERVING THE PURPOSE OF WALLS, WHICH CONSTITUTE
THE PERIMETER OF THE PREMISES.
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SUBSTANTIALLY ENCLOSEDNO ACCOUNT IS TO BE
TAKEN OF OPENINGS IN WHICH THERE ARE DOORS,
WINDOWS OR OTHER FITTINGS THAT CAN BE OPENED AND
SHUT.SIMPLY PREMISES WHICH HAVE A ROOF, AND
WALLS ON MORE THAN 50 OF THE PERIMETER OF THE
PREMISES
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WHAT WILL THIS MEAN FOR BUSINESS?A
RESPONSIBILTIY TO MAKE SURE THE PREMISES AND
STAFF MEET ALL THE REQUIREMENTS OF THE NEW LAW.
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• MANAGEMENT CONTROLS
• EACH OWNER, OCCUPIER, MANAGER AND ANY OTHER
  PERSON IN CONTROL, WILL REQUIRE TO-
• DEVELOP A SMOKE FREE POLICY. (PREFERABLY WRITTEN)
• DEVELOP PROCEDURES FOR DEALING WITH ANY PERSON
  WHO SMOKES
• TRAIN STAFF IN BOTH THE POLICY AND WRITTEN
  PROCEDURES.
• KEEP A WRITTEN RECORD OF ANY INCIDENT (AND
  OUTCOME) WHERE RESPONSIBLE MEMBER OF STAFF
  CONFRONTS AN INDIVIDUAL FOR SMOKING ON THE
  PREMISES.

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MANAGEMENT CONTROLSDISPLAY OF NO-SMOKING
NOTICES WHICH ARE CLEARLY VISIBLE TO PERSONS
APPROACHING AND PERSONS ON THE PREMISES.REMOVE
ASHTRAYS FROM PREMISES AND WHERE APPROPRIATE
PROVIDE EXTERNAL STUBBING BINS AT ENTRANCES.

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PROVISION OF SMOKINGSHELTERS?

• NOTE
• NO EMPLOYER IS OBLIGED TO PROVIDE EXTERNAL
  SMOKING SHELTERS FOR ANY OF THE STAFF OR
• PERSONS VISITING THE PREMISES.

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INSPECTIONS INITIAL FOCUS ON PREMISES

• PREMISES OPEN TO SUBSTANTIVE NUMBERS OF PEOPLE
  i.e. VISITING A NIGHTCLUB VS A SMALL OFFICE.
• WHERE THERE IS AN ABSENCE OF PRE-EXISITING SELF
  IMPOSED SMOKING CONTROLS.
• WHERE ENFORCEMENT OFFICERS DO NOT USUALLY VISIT
  AS PART OF THEIR ROUTINE INSPECTIONS UNDER OTHER
  LEGISLATION.

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INSPECTION OPTIONSOFFICER INSPECTION OFFICERS
ANNOUNCE THEMSELVES AND SHOW APPROPRIATE
IDENTIFICATION, PRIOR TO ASSESSING
COMPLIANCE.COVERT OFFICERS WILL ASSESS
COMPLIANCE BY OBSERVATION WITHIN THE PREMISES,
THEN ANNOUNCE THEMSELVES AND SHOW APPROPRIATE
IDENTIFICATION AT THE END OF THE
SURVEILLANCE.COVERT AND LEAVE AS ABOVE BUT
OFFICERS WAIT UNTIL THE FOLLOWING DAY TO DISCUSS
THEIR FINDINGS WITH THE PERSON IN CHARGE OF
PREMISES.
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COMPLAINTSANGUS COUNCIL ACCESS Line.NATIONAL
COMPLIANCE LINE
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ADVICE AND GUIDANCE WILL BE OFFERED TO ALL
PREMISES TO ACHIEVE COMPLIANCE
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AWARENESS VISITS-Visit programme since January
2006.500 visits already carried out.Mainly
positive response
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PLANNING APPLICATIONSBeer GardensRoof
TerracesSmoking SheltersStubbing out
binsConditions re Noise, Litter, ASB, Patio
Heaters
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FIXED PENALTY NOTICESWARNING NOTICES.SECTION
1 OFFENCEPerson having management of control of
no-smoking premises fails to prevent others from
smoking
200(150)SECTION 2 OFFENCESmoking in
no-smoking premises
50(30)SECTION 3 OFFENCEPerson having
management of control of no-smoking premises
fails toconspicuously display warning
200(150)
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REPORT TO PROCURATOR FISCALSection 1 Offence
Level 4 2,500Section 2 Offence
Level 3 1,000Section 3 Offence
Level 3 1,000Section 7(3) Offence Level 3
1,000
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FAILURE TO PAY FIXED PENALTY NOTICEOPTION 1
Report to Procurator FiscalOPTION 2 Enforce
as Decree Arbitral Sheriff Officer
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ANDWhere a Licensed Premises is involved-an
adverse report to the Licensing Board
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WHEN ALL ELSE FAILS.