IAPSC Enforcing the Smoking Ban Experience of Edinburgh City Council Vincent McBride City of Edinburgh Council
Why New Law was Introduced To protect people in Scotland from harmful effects of passive smoking. Second hand smoke is a mixture of over 4,000 chemicals, 200 of which are poisons and 50 are known to cause cancer. Every year in Scotland passive smoking is associated with 865 deaths of life long non -smokers. Ventilation or separating smokers from non-smokers within the same air space does not completely stop potentially dangerous exposure. Smoking claims 13,000 lives each year and it is hoped the ban will encourage people to quit.
Life Expectancy 85.0 Japan Spain Finland Female Life expecatncy at birt 80.0 75.0 Hungary Poland Portugal USA Costa Rica CZ Scotland Cuba NI Wales England Denmark Russia 70.0 55.0 60.0 65.0 70.0 75.0 80 Male life expectancy at birth
The Law Smoking, Health and Social Care (Scotland) Act 2005 1. Offence of permitting others to smoke in no-smoking premises 2. Offence of smoking in no-smoking premises 3. Offence of failure to display prescribed warning notices in and on no-smoking premises The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 ( the Smoking Regulations )-made under Part 1 of the 2005 Act
Fixed Penalties Fixed penalty notices offer a person the opportunity to discharge any liability to conviction for an offence by paying a stated amount. Under Sections 1 and 3 of the Act - the penalty is 200, payable within 29 days, or 150 if paid within 15 days of the notice. Under Section 2 of the Act - the penalty is 50, payable within 29 days, or 30 if paid within 15 days of the notice. Where a fixed penalty is not paid, it is enforceable either by referral to the Procurator Fiscal or by civil procedure as a debt recoverable by CEC. Non compliance could also result in prosecution and a fine of up to 2,500 for permitting smoking, or up to 1,000 for an individual smoker or signage contravention.
Premises exempt Residential accommodation Designated rooms in adult care homes Adult hospices Designated rooms in psychiatric hospitals and psychiatric units Designated hotel bedrooms Detention or interview rooms which are designated rooms Designated rooms in offshore installations Private vehicles
Scottish Executive Actions Media campaign Packs to businesses Household mail drop SE/REHIS training for LA staff Funding for LAs/Health Boards
Pre 26 th March 2006 2 Enforcement Officers Seconded to Smoking & Health Enforcement- 1 February 2006. Information gathering- from Scottish Executive and Dublin. Rolling programme of presentations and meetings to high risk premises to educate and inform as many people as possible regarding the no-smoking legislation. Lots of media involvement 97 media enquiries between January 06 and April 06.
Post 26 th March 2006 High profile launch Full time media officer Very visible initial presence Visited as many premises as possible- 3,000 visits in first 3 weeks, 24 hours per day. Using all EHOs and EOs from Food, Health & Safety Sections
Enforcing the Smoking Law In Edinburgh the law is enforced by officers from an Environmental Health background. These officers already work closely with businesses and a similar approach will be used to implement the new smoking law - providing advice and support wherever possible. Officers carrying out a range of environmental health duties will, as part of routine inspections for food, health and safety etc. enforcement, address the requirements of this Act. In this way we hope to achieve high levels of compliance through assistance and advice whilst reducing the overall regulatory burden on businesses
The Edinburgh Approach We have over 20,000 premises to inspect occupied by diverse businesses ranging from corner shops to multinationals and Council premises. Our initial approach was a non-confrontational one. The focus was on raising awareness and understanding around the reasons for the introduction of the new smoking prohibitions and to ensure compliance with the new legislation. It was anticipated that, with public support, there would be a high level of voluntary compliance from all businesses.
Scottish Executive Statistics Data from all Scottish Local Authorities from 26 March 2006-31 March 2007 total no. of premises inspected- 80,834 total no. compliant(no smoking)- 78,541 total no. compliant(displaying correct signage)- 65,895 Fixed Penalty Notices Issued - Total - 659
Edinburgh s Facts & Figures 11,000 visits 26 March 2006 31 May 2007 220 warning letters 10 Fixed Penalties 1 report to PF
Associated Problems Increase in table and chair permits outside licensed premises Noise Littering Doorways
All Weathers
National Compliance Line Data Week 9: 779 calls 543 : alleged breaches 250 200 No. of breaches reported 150 100 CCC 50 0 week 1 week 2 week 3 week 4 week 5 week 6 week 7 week 8 week 9 week 10 Week
Outcome 84% of 14-25 year olds support the nosmoking legislation. The most recent household survey showed that more than three quarters of Edinburgh residents are supportive of the ban. More than 90% of bar workers told a poll that their workplace was a healthier place since legislation was introduced and more than three quarters believe it will benefit their health in the long term.
Bar staff benefits There has been an immediate and dramatic improvement in the health of bar staff since 26 th March. Researchers at the University of Dundee monitored 77 bar staff (mainly full time and had been in trade for about 9 years). They were tested 4 weeks before the ban and 4 and 8 weeks after the ban. The study showed across a number of health indicators, positive changes were evident. In the first 2 months staff showing adverse smoke related symptoms fell from over 80% to less than 50%- nicotine levels in the bloodstream were reduced, improvement in lung function of between 5% and 10%, less inflammation in the bloodstream. Greatest changes were within asthmatic bar staff. General conclusion- the smoking ban does improve the health of people working in an atmosphere where previously there was a lot of smoke. The majority of changes occurred quickly and were sustained.
Towards a Smokefree Society International Conference Edinburgh 10-11 September 2007 www.smokefreeconference07.com
City of Edinburgh Council Vincent McBride, Margaret Davies, John Rafferty 0131 529 3030 REHIS 0131 225 5444 Scottish Executive Tobacco Control Team 0131 244 5660 info@clearingtheairscotland.com www.clearingtheairscotland.com