SMOKING IN PUBLIC PLACES BAN

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A man drinking in a bar was arrested after refusing to stub out his cigarette. Officers were called to Riskers bar in Scarborough after he refused to leave, North Yorkshire Police said. He said he was protesting against the smoking ban but police escorted him out, arrested him and handed him an £80 fixed penalty fine for being drunk and disorderly. Regulars at the bar reportedly had a whip-round to contribute to the fine, leaving donations in an ashtray. (Source: Daily Mail, Jul/07)

Every family in Britain will face an extra £20 on its tax bill next year as a result of the smoking ban. Treasury figures show ministers expect the ban on smoking in public places to lead to a £500million fall in tobacco duties next year as millions of smokers cut down on their habit or kick it altogether. The predicted black hole in the Government’s finances is equivalent to £20 for every household in the country.

Some experts believe the true cost to new Chancellor Alistair Darling could be even higher if smokers stand by their threats to desert their local pubs, but the Treasury is predicting that alcohol tax revenues will remain roughly the same. The scale of the predicted losses underlines the value of tobacco taxes to the Treasury, which raises £8billion a year from duty on cigarettes, equivalent to more than 2p on income tax.

Anti-smoking campaigners claim the smoking ban will lead to big savings for the National Health Service. But Simon Clark, director of the pro-smoking group Forest, said the Treasury forecasts highlighted the massive amount of tax smokers paid. He said it would be impossible to claw back the losses by raising tobacco duty further since this would only encourage smuggling. Mr Clark said, “Maybe they feel they can handle losses of £500million, but they will have to find the money somewhere. It will be very interesting to see how they play it if the losses get much higher, because the uncomfortable fact is that smokers pay a lot of tax.” (Source: Sunday Express, Jul/07)

Thousands of council staff are being trained to police the smoking ban in bars, restaurants and shops in England. Ministers have given councils £29.5m to pay for staff, who will be able to give on-the-spot £50 fines to individuals and take court action against premises. They will have the power to enter premises undercover, allowing them to sit among drinkers, and will even be able to photograph and film people. Local authorities have been given the power to enforce the ban so it does not consume police time.

A government-funded course is expected to train 1,200 council officers in the next few months with more expected to follow later. Councils will use these fully-trained officers to brief other staff on how to enforce the law as many towns and cities will have scores of officers patrolling public places. The teams will be made up of new staff and existing officers who will be freed up to carry out inspections and offer advice. (Source: BBC News, Feb/07)

Smoking M&S staff have been banned from lighting up in public with their uniforms on show. Bosses barred workers from smoking outside stores a week after banning it inside company premises and vehicles. In a further move, they have told those who go elsewhere for a cigarette to cover their uniforms, so they cannot be linked with the firm.

A company memo says: "When smoking outside, staff must ensure no part of their uniform is visible to link them to M&S, i.e. 'logos' or company name." Another memo, from human resources director Heath Cameron, says: "To protect the image of the company, smoking will not be allowed in areas visible to customers/visitors entering or leaving an M&S building." (Source: Daily Mirror, Apr/06)

Landlady Kerry Fenton is using a legal loophole so regulars can smoke inside her pub. Kerry’s tap room has been turned into a “Smoking Research Centre” after friend James Martin studied the law and discovered a get-out clause. It means the nationwide smoking ban could be reduced to ashes if other pubs and clubs cash in on the idea. James, a printer, found under Section 9 of The 2007 Smoking Act (Exemptions) that smoking “research” can be carried out in a separate room as long as there is no through bar.

The vault at Kerry’s pub, The Cutting Edge, is separate from the main pub, has its own bar, and now sports signs on the doors boasting “Designated Smoking Room”. All Kerry’s customers have to do is fill in a questionnaire asking how many cigarettes they smoke and if they like a smoky atmosphere. Then they can sit back and enjoy a fag with their pint. Since the change Kerry has seen trade double.

She said, “We were struggling to survive. It’s certainly given business a shot in the arm and it’s in the name of research, legal and above board.” James added, “I’ve had inquiries. I’m expecting more pubs to join in.” His ploy seems to have confused Whitehall. The Home Office said, “It’s the Department of Health’s responsibility.” But the Department of Health claimed, “It’s up to the Home Office to enforce the law.”

Barnsley Council says it plans to enforce the ban. Regulations chief Simon Frow insisted, "The Cutting Edge is clearly not a research or test facility and is not exempt under the legislation." Barnsley Council said it was due to visit the Cutting Edge to inform Ms Fenton she had "misunderstood the relevant legislation".

A spokeswoman said, "An officer from Barnsley Council's Regulatory Services department will visit the pub to advise the pub management that they have misunderstood the relevant legislation and that clearly the smoking research room is in breach of non-smoking legislation. The council will then monitor the situation before taking any further action that may be necessary."

The pub's owner, Punch Taverns, which has put the building on the market, said, "Punch has condemned the decision of our licensee to undertake this. We strongly advise them to cease this activity immediately." The Department of Health said, “This is clearly illegal. You cannot just set up a research centre like that. Anyone wanting to set up a smoking research centre has to first apply to the Department of Health for approval.” (Source: Daily Star, May/09)

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