Example

QUESTION

I work for Teesdale Village Halls Consortium and we provide advice and support to 33 community halls in rural Teesdale, County Durham. With the smoking ban coming into force in July, a number of the halls have been asking what effect this will have on their hall and their outside areas, for example is it their responsibility if people are smoking on the doorstep, should they provide smoking areas etc? I would ideally like to put together some form of factsheet to help them with their common issues so any advice you have would be great!

ANSWER

The Health Act 2006 introduces a smoking ban to be introduced on 1st July. The ban applies to enclosed premises that are either open to the public or used as a place of work. Section 2 of the Act offers a couple of clarifications:

• Premises are "open to the public" if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not
•  "Work" ... includes voluntary work.

The ban covers only enclosed premises, which means they have a permanent or temporary roof or covering, and any opening or openings in the walls add up to less than half the total area of the walls. A door or window that may be open or shut does not count as an opening for this purpose. The ban will therefore cover village halls, but not any part of the grounds unless they are enclosed according to this definition (such as a pavilion or similar).
There will be three primary new offences:
(a) smoking in no-smoking premises;
(b) permitting people to smoke in no-smoking premises;
(c) failing to display the required non-smoking signs.
The Act also gives enforcement officers the power to enter no-smoking premises and makes it an offence to fail, without reasonable cause, to give one''''s name and address to enforcement officers on request.
There is no obligation to provide smoking areas. If a sheltered area outside is to be provided for smokers, make sure it is less than 50% enclosed - otherwise it will be covered by the smoking ban!
It will be obligatory to ensure that all staff, service users/customers and visitors are aware of the new regulations, and to display the proper "no-smoking" sings. Those who do not display the required signs in premises or vehicles will face a £200 fixed penalty or a fine up to £1,000; those who fail to prevent smoking can face fines of up to £2,500. Persons who smoke in no-smoking premises or vehicles will face a fixed penalty of £50 or a fine up to £200.
There may be some question about who exactly is responsible for upholding the new law, and therefore may be held liable for any breach. Where a voluntary or community organisation clearly has overall responsibility for the management of a village hall, presumably its governing body (management committee) will have legal responsibility for compliance with the Act. But if a committee part-manages a hall that is owned by the local authority, or where we have a number of different groups using a facility at different times, I can''''t find any definitive guidance on just where liability will rest. With regard to the provision of non-smoking signs, the Acts states:
"It is the duty of any person who occupies or is concerned in the management of smoke-free premises to make sure that no-smoking signs complying with the requirements of this section are displayed in those premises."
I imagine we''''ll have to see just how this is interpreted in the context of such facilities as village halls.

Charlie Cattell
Expert for Legal Issues
27 March 2007
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