Nick Adkin

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Nick Adkin
Tobacco Programme Manager Department of Health
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Smokefree legislation An overview Nick
Adkin Tobacco Programme Manager Department of
Health
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Why are we here?

• From 6am on Sunday 1 July 2007, virtually every
  enclosed public place and workplace will be
  required to be smokefree in England by law
• This presentation provides an overview of
  smokefree legislation and what it means for
  businesses and members of the public

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Why is smoking important?

• Smoking causes 106,000 premature deaths each year
  in UK
• Smoking is the UKs single biggest preventable
  killer
• Smoking causes around 1 in 5 of all deaths
• Smokers lose 16 years of life on average
• Smoking is the single biggest cause of health
  inequalities
• half the difference in life expectancy between
  the highest and lowest socio-economic groups is
  down to smoking

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Why is secondhand smoke important?

• Secondhand smoke is a killer
• Secondhand smoke contains over 4,000 chemicals -
  over 50 of which are cancer causing
• Secondhand smoke causes serious medical
  conditions, including
• lung cancer (risk up 24)
• heart disease (risk up 25)
• asthma attacks
• SIDS (cot death)
• childhood respiratory disease
• There is no safe level of exposure to secondhand
  smoke

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Why is secondhand smoke important?

• The World Health Organisation classifies tobacco
  smoke as
• a known human carcinogen
• The Framework Convention on Tobacco Control
  (signed by 168 countries ratified by 143) states
• Parties recognise that scientific evidence has
  unequivocally established that exposure to
  tobacco smoke causes death, disease and
  disability
• 85 of SHS consists of invisible, odourless
  gases
• Ventilation cannot eliminate the risks of
  secondhand smoke in enclosed environments

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The Health Act 2006

• An Act to make provision for the prohibition of
  smoking in certain premises, places and vehicles

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The Health Act 2006 Key facts

• Public Health legislation
• Smokefree legislation will prohibit the smoking
  of tobacco or anything that contains tobacco, or
  smoking any other substance
• Smokefree legislation applies to smoking
  manufactured cigarettes, hand-rolled cigarettes,
  pipes including hookah/ shisha, and cigars
• Premises will be smokefree only if they are
  enclosed or substantially enclosed

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The Health Act 2006 Key facts

• Smokefree legislation will apply to all places of
  work used by more than one person and places open
  to the public
• Work includes voluntary work
• Premises are open to the public if the public,
  or section of the public has access whether by
  invitation or payment, or not
• Work and public vehicles will also be required to
  be smokefree

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The Health Act 2006 Smokefree offences

• The Health Act sets out three smokefree offences
• Smoking in a smokefree place (any smoker)
• Failing to prevent smoking in a smokefree place
  (anyone who controls or manages smokefree
  premises, and specified people for smokefree
  vehicles)
• Failing to display required no-smoking signs
  (anyone occupying or managing smokefree premises,
  and specified people for smokefree vehicles)
• Also an offence to obstruct an enforcement
  officer, or provide a false or misleading
  statement

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The Health Act 2006 Smokefree Regulations

• Health Act also provides a number of
  regulation-making powers
• Regulations will give the specific detail on how
  smokefree legislation will work
• Some regulations will need to be debated by
  Parliament before they can be made details are
  in the Smokefree England Factsheet
• Links to Smokefree Regulations are on the
  Smokefree England website www.smokefreeengland.co
  .uk

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The Health Act 2006 Smokefree Regulations

• Five sets of smokefree regulations are to be
  made
• Smoke-free (Premises Enforcement) Regulations
• Smoke-free (Signs) Regulations
• Smoke-free (Penalties and Discounted Amounts)
  Regulations
• Smokefree (Exemptions Vehicles) Regulations
• Smokefree (Vehicle Operators Penalty Notices)
  Regulations

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1. Smoke-free (Premises Enforcement)
Regulations

• Made in December 2006
• Set out
• What is meant by enclosed and substantially
  enclosed
• Who will enforce smokefree legislation

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Smoke-free (Premises Enforcement) Regulations

• Enclosed roof wholly enclosed by walls (not
  including doors, windows or passageways)
• Substantially enclosed roof opening in walls
  representing 50 or less of total wall area
  (opening does not include openings that can be
  opened or shut, such as windows or doors)
• Temporary structures such as tents included
• Roof includes fixed or movable structures that
  can cover all or part of the premises as a roof
  (including canvas awnings)
• If it can be enclosed, it will be considered
  enclosed

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Smoke-free (Premises Enforcement) Regulations

• Smokefree legislation will be enforced by local
  councils and port health authorities
• Local authorities will help to build compliance
  by providing support and advice to businesses
  ahead of 1 July 2007
• Businesses can call the environmental health
  department in their local council for advice

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2. Smoke-free (Signs) Regulations

• Proposed regulations have been published in draft
  form
• Expected to be made in March
• Set out requirements for no-smoking signs that
  will be required in all smokefree premises and
  vehicles
• Department of Health will make signs that meet
  the requirements of the legislation freely
  available

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Smoke-free (Signs) Regulations

• Smokefree premises
• A5-area sign with international no-smoking symbol
  (70mm diameter) at public entrances with words
• It is against the law to smoke in these
  premises
• Sign with only no-smoking symbol (70mm) at staff
  entrances, as long as premises displays one
  A5-area sign
• Sign with no-smoking symbol (70mm) at entrance to
  smokefree premises within other smokefree
  premises (train stations, shopping centres)

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70mm in diameter
A5-area sign
No smoking It is against the law to smoke in
these premises
in these premises can be changed to the name or
type of premises in this gym, in the Dog and
Duck pub
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Smoke-free (Signs) Regulations

• Smokefree vehicles
• Sign with no-smoking symbol (70mm)
• Sign in a prominent position in each compartment
  of the vehicle for persons that is enclosed or
  can be enclosed

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3. Smoke-free (Exemptions and Vehicles)
Regulations

• Published in draft form in January
• Will need to be approved by Parliament
• Cover
• Exemptions, including private accommodation,
  accommodation for guests, other residential
  accommodation, performers, specialist
  tobacconists, research and testing facilities and
  offshore platforms
• Smokefree vehicles

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Smoke-free (Exemptions and Vehicles) Regulations

• Private dwellings will not be required to be
  smokefree, except
• parts used solely as a place of work by more than
  one person or where members of the public give or
  receive goods or services
• parts of a premises used in common with other
  premises if they are open to the public or are a
  place or work

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Smoke-free (Exemptions and Vehicles) Regulations

• The regulations will not restrict people from
  smoking in any part
• of their private dwellings used for work, if the
  work is undertaken
• solely to
• provide personal care for someone living in the
  dwelling
• assist with the domestic work of the household in
  the dwelling
• to maintain the dwelling
• to install, maintain or remove any service
  provided to the dwelling for the benefit of
  people living there

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Smoke-free (Exemptions and Vehicles) Regulations

• Limited exemptions from smokefree legislation for
  designated rooms only in
• Hotels, guest houses, inns, hostels, members
  clubs
• Care homes, hospices, prisons
• Specified research and testing facilities
• Offshore installations
• Residential mental health units (until 1 July
  2008)
• Exemptions also available for
• Specialist tobacconists shops for sampling of
  pipe tobacco or cigars
• Performers under strict conditions
• Conditions must be met before an exemption is
  permitted

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Smoke-free (Exemptions and Vehicles) Regulations

• Smokefree Vehicles
• Enclosed vehicles to be smokefree at all times,
  if they are used
• by members of the public or a section of the
  public (whether or not for reward or hire)
• in the course of paid or voluntary work by more
  than one person (even if those people use the
  vehicle at different times)
• Vehicles will not be required to be smokefree if
  they are used primarily for the private purposes
  of a person who
• owns it, or
• has the right to use it which is not restricted

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4. Smoke-free (Penalties and Discounted
Amounts) Regulations

• Published in draft form in January
• Will need to be approved by Parliament
• Include proposals for
• Levels of penalties for smokefree offences
• Levels of penalties for fixed penalty notices
• Discounted amounts for early payment of fixed
  penalty notices

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Smoke-free (Penalties and Discounted Amounts)
Regulations
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5. Smoke-free (Vehicle Operators Penalty
Notices) Regulations

• Published in draft form in January
• To be made as soon as regulations on (a)
  exemptions and vehicles, and (b) penalties are
  made
• Include proposals for
• Duty to prevent smoking in smokefree vehicles
• Format for fixed penalty notices

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Smoke-free (Vehicle Operators Penalty Notices)
Regulations

• The following people will have a legal duty to
  cause any person who is smoking in a smokefree
  vehicle to stop smoking
• the driver,
• any person with management responsibilities for
  the vehicle, and
• any person in a vehicle who is responsible for
  order or safety in the vehicle

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Smokefree legislation across the world

• Through the Health Act 2006, England will join a
  rapidly growing community of countries and
  jurisdictions who already have entirely
  smoke-free laws including bars and restaurants

• California
• New York
• US states over 50 popn
• Queensland
• Tasmania
• Canadian cities/provinces

• Ireland
• New Zealand
• Norway
• Uruguay
• Scotland

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What will success look like?

• Very high compliance
• Self-enforcing compliance
• Low level of FPNs and court actions
• High and increasing public support
• Healthier enclosed public places and workplaces