Smoking in public places (SIPPS)

• A ban on smoking in the workplace, in enclosed and “substantially” enclosed public places (with certain limited exceptions) and in certain vehicles was introduced in England on 1 July 2007.
• A public place smoking ban was implemented in Scotland in March 2006 under separate legislation (the Smoking, Health and Social Care (Scotland) Act) on 26 March 2006. Wales and Northern Ireland introduced bans on 2 April 2007 and 30 April 2007, respectively. A PPS ban was implemented on the Isle of Man on 29 March 2008.
• 21% of the adult population choose to smoke cigarettes or handrolling tobacco.
• It is perfectly legal to manufacture, sell by retail, buy and consume tobacco.
• The scientific evidence available on environmental tobacco smoke causing serious diseases in non-smokers is, when taken as a whole, inconclusive, but it is accepted that non-smokers can find tobacco smoke unpleasant and annoying.
• The TMA are not opposed to restrictions on smoking in public places.  Smokers should have available to them places where they may smoke but without inconveniencing others and, conversely, non-smokers should have access to smoke-free areas.   The majority of EU Member States have achieved this and we hope that the UK Government will do the same when the Health Act is reviewed in 2010.
• Smoking in work and public places has been governed for years by voluntarily adopted self-regulation.  In the vast majority of places, self-regulation has worked extremely well and, if allowed more time, that approach could have been effective in providing more non-smoking facilities in pubs, bars, restaurants, so that non-smokers would not be exposed to tobacco smoke against their wishes.
• Despite numerous public attitude surveys, especially ‘Behaviour and Attitudes’ by ONS, showing there was no appetite for a complete smoking ban, particularly in pubs, the government abandoned voluntary self-regulation and/or provision of separate ventilated smoking areas. ¹

2010 Review of the Health Act

The UK Government will conduct a formal review of the Health Act from July 2010.  The TMA is developing a portfolio of evidence on the smoking ban legislation. The portfolio will demonstrate the impact of current restrictions on the Horeca trade and especially pubs, and the licensed trade’s perception of this impact and relevant concerns using case studies of the most proportionate smoking regulations in Europe and their success and sustainability.

Impact on business

The TMA believes there is now an economic case for exemptions in order to achieve a more equitable approach to the issue of public place smoking, as evidenced in other European member states.  For example, the Dutch government is considering a Health department proposal to conduct research into the viability of ventilated smoking rooms, which could result in smoking being allowed in smaller pubs. Similarly, in some German states exemptions are being allowed.  In Bavaria,  there is a <75 m2 exemption for single room drink led venues for adults and larger outlets are allowed a separate smoking room (walls and self-closing door).

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¹ Table 6.21, Smoking-related Behaviour and Attitudes 2005, ONS shows only 33% in favour of not allowing smoking anywhere in pubs.