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Smoking in all workplaces and public places in England will become illegal at 6am on Sunday 1 July… and it's down to local authorities to prevent England's 9.5 million smokers from breaking the law. While the Government has pledged £29.5m to enforce the ban through the recruitment and training of additional environmental health officers and street wardens, it is not surprising that many local authorities are wondering how they will find the time and resources to take on this seemingly-mammoth task and wondering, ‘What's in it for us?' Well, quite a lot, actually. Most people and businesses see the ban as a good thing. Even the majority of smokers support the ban – with 73% of smokers wishing to quit. Local authorities have an important role to play in the implementation, but experience from other jurisdictions has proved that heavy enforcement action has not been necessary, with most businesses and members of the public happy to comply. Where offences have occurred, they tend to be because of misunderstandings of the requirements of the law, rather than a flagrant disregard for it. In Scotland, compliance rates have remained at around 96%. Only one person has been charged with an offence for smoking in a public place, most offences being dealt with effectively through the fixed-penalty system, which is very similar to that which will operate in England. A similar trend has been seen in the Republic of Ireland, which has enjoyed smoke-free status since 2004. Only 12 prosecutions have been required, all successful, due to compliance rates of 94%. In order to ensure similar compliance rates in England, it is important that local authorities do take their enforcement responsibilities seriously. Guidance should be issued to businesses eager to implement the ban to facilitate their compliance with the law. For many businesses, the new law means firming up already-strict policies on smoking in workplaces. Local authorities can lead the way on the promotion of this ideal opportunity to give up smoking, advertising already-existing services to support smokers wishing to quit. Many authorities provide services in conjunction with their local health trust, which can be advertised to businesses for access by their employees and customers. Councils can use the ban as a springboard to promote their obligations throughout other areas of their work. Businesses using smoking shelters, particularly those attached to pubs and restaurants open in the evenings, will have to make provision to manage noise and cigarette-related litter. Local authorities can also use the ban to launch campaigns demonstrating their commitment to targeting anti-social behaviour, noise and litter. By working with businesses and providing them with suggestions on how they can encourage employees and customers to keep noise levels to a minimum and dispose of their cigarette-related litter responsibly, local authorities are able to use the ban to convey the message they are committed to improving communities, and to tackle these issues. Despite the enforcement of the smoking ban being an extra responsibility, ultimately, it need not be the headache that local authorities are anticipating. Health benefits will almost certainly result from cleaner air in all workplaces and public places. Smoky atmospheres and overflowing ashtrays will be eradicated from pubs and restaurants, making them more attractive to families. By incorporating the requirements of the smoking ban into other areas of policy and decision-making, local authorities can view the ban as a positive tool which they can use to reinforce their message that they are committed to creating healthy, responsible and pleasant communities for their citizens. Angela Philip is a barrister with Eversheds. She is co-delivering a series of briefings on the impact of the smoking ban on employers. Contact training@eversheds.com for further information.

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CLIMATE CHANGE

Up in smoke

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