Nick Adkin Tobacco Programme Manager Department of Health

Smokefree legislation: An overview Nick Adkin Tobacco Programme Manager Department of Health

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

Why is smoking important? Smoking causes 106,000 premature deaths each year in UK Smoking is the UK’s 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

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

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

The Health Act 2006 “An Act to make provision for the prohibition of smoking in certain premises, places and vehicles…” The legislation will create smokefree public places and workplaces and it will mean that: it will be an offence to permit others to smoke in no smoking premises it will be an offence to smoke in no smoking premises it will be an offence to not display the appropriate signage in no smoking premises it sets out powers for enforcement officers

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”

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

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

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 Penalties & Discounted Amounts - Affirmative Exemptions & Vehicles - Affirmative

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

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

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”

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

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

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)

No smoking It is against the law to smoke in these premises 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”

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

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 The Choosing Health White Paper made a commitment that special arrangements would be needed for certain workplaces when considering the legislation. These workplaces were places such as hospices, prisons, and long-stay residential care establishments, which are also places of residence. We can see good reason for treating these workplaces differently to recognise the human rights of those people that call such places home. The draft regulations set out requirements for rooms in premises where people can smoke, which will protect against drift of secondhand smoke into other areas of the premises. This includes the requirement for closing doors to the room.

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

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

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

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

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 Failure to display minimum no smoking signs: up to £1000 or a fixed penalty notice of £200 Smoking in a non smoking place: up to £200 or a fixed penalty notice of £50 Failing to prevent smoking in a smokefree place: up to £2500 Within regulations, we propose that enforcement will be a matter for local authorities, who will appoint enforcement officers. We envisage that this would likely be local environmental health officers, but local authorities may wish to appoint other officers, including for example, trading standards or local enforcement officers. Enforcement officers will be working closely with businesses in the lead up to implementation in order to build understanding of the requirements of the legislation and will be on-duty to ensure compliance is maintained once the legislation comes into force next Summer. Nevertheless, we know from the experience of other countries that smokefree legislation is largely self-enforcing. CIEH training happening now – emphasising softly softly approach

Smoke-free (Penalties and Discounted Amounts) Regulations Offence FPN (if paid in 29 days) (if paid in 15 days) Court awarded fine Smoking in a smokefree place £50 £30 Up to £200 (level 1 on standard scale) Failure to display no smoking signs £200 £150 Up to £1000 (level 3 on standard scale) Failing to prevent smoking in a smokefree place N/A Up to £2500 (level 4 on standard scale)

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

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

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

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