The Smoking, Health and Social Care (Scotland) Bill was introduced to the Scottish Parliament on December 17, 2004, formally proposing that smoking should be banned in enclosed public places such as workplaces, pubs and restaurants. The Act was subject to Public consultation and was approved by MSPs on June 30, 2005 and received Royal Assent on August 5, 2005. The Act, described as one of the most significant pieces of public health legislation in a generation, came into force on March 26, 2006.
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“I surprised myself, I really did. I thought that I would never stop. Folk said to me ‘You’ll never stop. You’re on 40 a day. There’s no way you will stop’. Me working in a smoking environment in the bar made it even harder.”
- Darren, Caithness
The Scottish smoke-free legislation forbids smoking in enclosed places used by the public or where people work. This means that it is now illegal to smoke inside any building, vehicle or structure like a marquee or caravan apart from your own home or car. There are some exemptions to the legislation in Scotland, like bedrooms in residential care homes.
Why do we need smoke-free legislation in Scotland?
The argument for smoke-free legislation in Scotland is that people have the right to smoke if they want to, but until now staff in bars, clubs and other places haven't had a choice but to breathe in second-hand smoke.
Business owners can choose to provide areas outside, or partially covered shelters, where people can smoke. Hotel owners may allow smoking in designated bedrooms.
Proprietors face a £200 fixed penalty fine for not adhering to the legislation. For example, by not putting up signs saying smoking is not allowed on their premises or by not taking reasonable action to prevent someone smoking on the premises. They won't, however, be liable if they've done what they can to stop people smoking – for example, if a customer refuses a pub landlord's requests to put their cigarette out.
Smokers face a fixed penalty fine of £50 if they light up and a £100 fine if they refuse to give their name and address to an enforcement officer. You can be prosecuted for failing to pay or for repeated offences which may lead to a fine of up to £2,500.
If you would like to know more about the details of the smoke-free legislation visit www.clearingtheairscotland.com.
Feedback on the proposed legislation will also be provided within the Evaluation section.