On the 26 March 2006 the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 will come into force, and South Ayrshire Council is working to put in place arrangements so that there is a smooth transition.

The Convener of the Council’s Community Safety Committee, Councillor Hugh Hunter said: “The new legislation is designed to protect public health by banning people from smoking in many public places.

“Enforcement Officers from the Council’s Environmental Health Section, who have a history of working closely with members of the public and businesses, will be responsible for implementing and enforcing the regulations.

“Initially Officers will be raising awareness of the new legislation in the run up to the 26 March 2006, and I believe that most people will comply with the regulations. However, on occasions where people disregard the legislation Officers will take necessary action.

“I would ask members of the public to co-operate with the Council, and make sure that they are aware of the places where soon smoking will be prohibited.”

External funding is being made available to the Council by the Scottish Government to cover the costs of implementation and enforcement of the new regulations until 2007/2008. It is estimated that the Council will receive around £80,000 in 2006/07 and £70,000 in 2007/08.

A local publicity campaign will highlight the new legislation, and Officers will be promoting the Scottish Government’s ‘Smoke-free compliance telephone line’ inviting members of the public to tell them if the new legislation is not being complied with. The telephone number for this line will be publicised locally and nationally prior to the new legislation being introduced.

Local businesses will receive a copy of guidance for employers, managers and those in control of premises direct from the Scottish Government. The guidance and further information can be obtained by logging on to www.clearingtheairscotland.com. Copies of the guidance are also available in a range of ethnic languages and can be obtained by logging onto the website or contacting Environmental Health Officers on telephone number 01292 618222.

The regulations stipulate that there are four basic kinds of premises that are
“no-smoking premises”:

• Premises to which the public or a section of the public has access
• Premises which are being used wholly or mainly as a place of work
• Premises which are being used by and for the purposes of a club or
  other unincorporated association
• Premises which are being used wholly or mainly for the provision of
  education or of health or care services

The regulations provides for four main offences:

• Permitting others to smoke in no-smoking premises
• Smoking in no-smoking premises
• Failing to display warning notices in no-smoking premises
• Failing, without reasonable cause, to give one’s name and
  address if requested by an Enforcement Officer

Enforcement Officers may issue a Fixed Penalty Notice if they have reason to believe that a person is committing, or has committed, an offence under the Act. The Fixed Penalty Notice offers a person committing such an offence the opportunity to discharge any liability to conviction for the offence by payment of a fixed penalty of £50. Where a Fixed Penalty Notice is issued to a person in control of premises the fixed penalty will be £200. Anyone who is issued with a Fixed Penalty notice and wishes to appeal against it will have the right to do so.

January 2005