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Posted By Stephen Sherratt
Recently, during this spell of pleasant weather I called into a Pub for lunch in North Derbyshire and choose to sit in an “Alfresco” area outside that was laid up with cutlery and condiments for diners, just before I ordered I noticed ash trays on all of the tales and smokers on the next table in fact this area was also being used as the outside smoking area.
Am I right in my interoperation of the law that if a landlord designates an outside eating area he has a duty to make it Smoke Free and that any smoking area should be suitably screened and away from the diners.
Steve
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Posted By Dave Dowan
Hi Stephen
Silly as it sounds as far as I am aware the smoking regs are concerned with enclosed spaces so as long as the out area does not come into that category then the law does not apply
Dave
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Posted By Ian_P
Davids correct, the Smokefree (Premises & Enforcement) regulations 2006 only relate to "enclosed" or "substantially enclosed" public places.
I'm afraid those places not regarded as "enclosed" are not covered by the regulations and are open to poor management / business decisions (at least in the eyes of non smokers!).
There may be some confusion due to when the law was first under consultation. Originally the government were trying to soften the blow so that only premises serving food were affected. This had absolutely nothing to do with the fact that a large number of M.P.s smoked......!
Ian
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Posted By David Bramall
Stephen, I assume you would be a non smoker - or even worse an ex smoker.
Please consider giving smokers a break. I have stated on this forum previously that I am not convinced in the first place that passive smoking is as big an issue as it is made out to be.
Anyway, as it stands they cant have a smoke in any building (enclosed room, extractor fans, company cars, lorries, other vehicles, even in their own homes if a carer or similar has to visit in the next ten million years...)
Surely a smoke outside cant do anybody any harm.
I will probably open a can of worms and the posting will be filled with stories of terrible diseases etc from passive smoking but really unless a slight whiff of smoke really upsets you even though it isnt doing any harm, why worry. I mean Derbyshire, windy sort of place, the smoke does not linger in the air just in the vicinity of your nose and mouth, it does actually blow away.
Also getting to the pub is probably much more harmful, walking or driving near cars with petrol / diesel fume, carbon monoxide - all the terrible things in tobacco smoke multiplied several times.
Final thought,
Recent headline - "since the smoking ban in Scotlant (18 months ago), the rate of heart disease has fallen by 30% or something like that.
Nonsense - isnt it.
Please feel free to tear me to pieces.
DrB
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Posted By Ian MacAskill
A study of nine Scottish hospitals has found a 17 per cent fall in admissions for heart attacks in the first year after the smoking ban came into force.
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Posted By Stephen Sherratt
Many thanks Ian and Dave for confirmation of what I thought was the situation that the legislation considers only well defined “Inside” areas. I think this issue has been subdued by a lousy summer and the battle to be able to eat and drink out side without an ashtray on the table will have to wait till next year. However it is pleasing to be able to wear a sweater twice.
As for DrB, all very predictable.
Regards all Steve
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Posted By Tabs
A 17% fall is a staggering figure, and if it is linked, it is a great achievement.
That is a lot of extra time recouped by individuals and their families.
I hope it is a true trend.
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Posted By GARRY WIZZ
The drop in hospital admissions is wonderful news for everyone.
As we embark on this journey that will lead to everyone living a proper lifestyle as defined in law then there will be even less people in the hospitals.
Now the battle of the smokers has been won I note that the obese are next in line. Not allowing the obese into the system for an operation should enhance quotable stats and reduce manual handling injuries in the wards .
The future is bright
Garry
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Posted By Garry Mcglaid
God help fat smokers,
As healthy non smoker i feel for smokers and obese folk,
no one will ever convince me differently that social problems account for a lot of obesity,and that smoking is far heavier in ares of high poverty and depravation.
Before i get shot down, i dont mean exclusively, but the percentage is a lot higher where the environment is poor, less pennies in the purse = cheaper less healthier food. Im not quite sure why smoking is higher in less affluent sections of the community but in Scotland there was a big stooshie on the subject when the ban first came in, and the figures presented where alarming.
Maybe the powers that be should tackle these issues before declaring war on other vulnerable members of society
I am now wondering when i developed the conscience.
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Posted By Mitch
If the argumant for bannimg smoking is health related why not ban alcohol, this costs the country far more than tobacco
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Posted By IOSH Moderator
The above thread has rapidly veered off subject.
Can I strongly advise posters that they should return to the subject in question or face the thread being locked under AUG 1.
For information, I believe the question was:
"Am I right in my interoperation [sic] of the law that if a landlord designates an outside eating area he has a duty to make it Smoke Free and that any smoking area should be suitably screened and away from the diners"?
Regards
Jonathan Breeze
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Posted By Rob T
Just a quickie on the figures from Scotland which made me laugh out loud! The report said that there had been a significant drop in children going to hospital with lung problems since the ban started! Tell me then 1. how did a smoking ban in pubs etc manage to help with this when children aren't allowed in pubs (smokey or otherwise) and 2. it has been declared that about 30% of drinkers are now smoking in their own homes instead of the pub - which will obviously mean that kids are getting more exposure to tobacco smoke! To my mind that absolutely guarantees that passive smoking is obviously good for children - doesn't it?? As said before - all those statistics are complete rubbish and if no-one questions them then they will be taken as fact by sheep. can anyone explain those figures in these terms then?
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Posted By DaveTripp
As an ex smoker of 4 months I still wholeheartedly agree with David, give smokers a break! since giving up I have put on 1 1/2 stone just because my metabolism has slowed down, I don't eat more to make up for not smoking but have now put myself at risk of heart failure for being overweight.... more people die each year from alcohol related incidents, fact, but do we ban that? as safety professionals you all know we target the highest risks first and as smoking is clearly not it proves it was a political move and not one made for H & S reasons. p.s. the house of commons is exempt from the smoking ban as with most other laws but have chosen not to smoke inside! (another political move....)
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Posted By Pete Longworth
If you over-eat you only put yourself at risk, if you drink alcohol you only put yourself at risk unless you decide to drive while under the influence or if you get violent while drunk. When you smoke you put everyone in close proximity at risk. Now you can either believe that or continue to ignore it, either way, but in addition you also force the disgusting smell into the clothes and hair of everybody around you. From that point alone the smoking ban has been a good thing.
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Posted By Mitch
With the smell of smoke now gone it makes you realise how many people have BO!
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Posted By Pete Longworth
Or how dodgy some of the beer is.
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Posted By IOSH Moderator
And on that delightful note, the thread is now locked under AUG 1 for deviation from the subject in question.
You were warned.
Jonathan Breeze
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