In making your preparations for the introduction of the Smokefree provisions on 1 July 2007 in the UK, it is advised that you are particularly careful with any plans for outdoor smoking shelters that could lead to significant wasted expenditure if it goes wrong. This guide aims to help you make the right choices, although it should not be relied upon as a definitive interpretation of the law of the UK Smoking Ban
What counts as a smoking shelter?
There is no legal definition, and you don't have to provide one. It will be illegal to smoke or allow smoking in enclosed or substantially enclosed premises, therefore a smoking shelter has to be less than substantially closed. This means that 50% of it's sides must be permanently open.
The location is also important, because building a structure like this with an open side too close to a wall or other obstruction could mean that it no longer complies. (the law refers to premises rather than structures, and an adjacent wall could be deemed to be part of the premises of your shelter.
Some other problems to avoid
* You may need planning permission, depending on the size of the smoking shelter
* You can't provide temporary covers for any of the open parts-this stops them being counted as permanently open
* Customers outside your premises may cause noise or other nuisance problems for neighbours, and this may trigger a review of your certificate/licence
* You will need to provide some form of bin for your customers litter
There are alternatives for smoking shelters such as :
* Awnings
* Umbrellas and Parasols
* Golf umbrellas for customers to borrow
* One Scottish pub has recently been loaning waterproof coats to customers, with "stolen from Buddies Bar" printed on the back
Another common mistake made by some in Scotland and Ireland has been to cover an existing yard with an awning. Because the yard has 4 walls and the awning provides a roof covering,even temporarily, the yard falls into the category of substantially enclosed premises even when the awning is withdrawn.
Showing posts with label Secondhand Smoke. Show all posts
Showing posts with label Secondhand Smoke. Show all posts
Wednesday, August 11, 2010
Friday, June 25, 2010
Why Smoke-Free Bans Are Important to You!
According to the American Lung Association, every year in the U.S. over 392,000 people die from tobacco-caused disease, making it the leading cause of preventable death. Another 50,000 people die from exposure to secondhand smoke. Smoke-free bans in the last decade have become more and more popular due to all the alarming statistics for secondhand smoke.
In 2009, the US Navy investigated secondhand smoke levels aboard their submarines. According to their findings, "there is no risk-free level of exposure to secondhand smoke. Non-smokers who are exposed to secondhand smoke increase their risk of developing heart and lung disease." On April 8, 2010 the US Navy announced their submarines will be going Smoke - Free in 2010 to eliminate secondhand smoke risks. This is one of the first smoking bans effective on a government level. Now the United States government has yet to try to enact a federal smoking ban nationwide. Smoking bans are entirely decided, implemented and enforced by state and local government. According to the American Nonsmokers' Rights Foundation, as of October 2009, 71% of the US population lives under a ban on smoking in "workplaces and/or restaurants, and/or bars, by either state, commonwealth or local law, " though only 41.2% live under bans that consist of all workplaces, bars and restaurants. Some might say 41% doesn't seem like it could effect me but an additional three states in 2010 are implementing smoke free ban in public places.
Since there is no universal federal law on no smoking, following the right protocol can become very confusing. Smoking regulations vary state by state. Some states have comprehensive no-smoking laws already on the books, while some states are still catching up. As of March 2010, 27 states and Washington D.C. have passed laws that prohibit smoking in almost all public places and workplaces which also include restaurants and bars.
Some states have specific no-smoking signs that are required by state law. Size, color, material and wording are not consistent from state to state. Penalties, violations and tickets are common to enforce smoke-free bans. Be confident you are complying with your specific state's laws and don't have to worry about fines.
In 2009, the US Navy investigated secondhand smoke levels aboard their submarines. According to their findings, "there is no risk-free level of exposure to secondhand smoke. Non-smokers who are exposed to secondhand smoke increase their risk of developing heart and lung disease." On April 8, 2010 the US Navy announced their submarines will be going Smoke - Free in 2010 to eliminate secondhand smoke risks. This is one of the first smoking bans effective on a government level. Now the United States government has yet to try to enact a federal smoking ban nationwide. Smoking bans are entirely decided, implemented and enforced by state and local government. According to the American Nonsmokers' Rights Foundation, as of October 2009, 71% of the US population lives under a ban on smoking in "workplaces and/or restaurants, and/or bars, by either state, commonwealth or local law, " though only 41.2% live under bans that consist of all workplaces, bars and restaurants. Some might say 41% doesn't seem like it could effect me but an additional three states in 2010 are implementing smoke free ban in public places.
Since there is no universal federal law on no smoking, following the right protocol can become very confusing. Smoking regulations vary state by state. Some states have comprehensive no-smoking laws already on the books, while some states are still catching up. As of March 2010, 27 states and Washington D.C. have passed laws that prohibit smoking in almost all public places and workplaces which also include restaurants and bars.
Some states have specific no-smoking signs that are required by state law. Size, color, material and wording are not consistent from state to state. Penalties, violations and tickets are common to enforce smoke-free bans. Be confident you are complying with your specific state's laws and don't have to worry about fines.
Friday, June 18, 2010
New Smoking Laws - Hospitality Jobs
In July 2007 NSW has joined most other states in Australia in banning indoor smoking in public places within licensed venues. In an effort to protect workers and patrons for the negative impacts caused by passive smoking the NSW government has established the NSW smoke-free Environment Act.
The smoking ban only applies to indoor public place and smoking is still aloud in alfresco and open air areas. However, there is considerable debate over what constitutes (or more precisely, what should constitute) an outdoor area. The governing legislation offers calculation on how to determine the correct percentage of open air space however the same legislation also considers a cafe umbrella a fix wall. Let's consider the following example. If an establishment has an outdoor area and they decide to install cafe umbrellas than the umbrellas will then constitute the ceiling at there lowest point, which changes the percentages of open air spaces and the establishment's outdoor area might not comply with the legislation. Therefore it must be a non smoking area.
The NSW public health units who are authorised to inspect and enforce the smoking legislation and investigate complaints also have questions about the merits of parts of the legislation (unofficially of course). And considering the monetary penalty for failure to comply with the legislation it is general opinion within the industry that the government must address the gray area within the legislation.
The following list the fines applicable.
* Smoking in a smoke free area - $550
* Allowing a person to smoke in a smoke free area - $1100 to $5000 (occupier)
* Failure to display signage - $550 (occupier)
This new legislation has far reaching consequences for both the large and small licensed venues within NSW and those venues that have planned, invested and implemented strategies in order to soften the blow will come out on top. So what does this mean to you the employee or prospective employee? Venues such as club, pubs and night clubs will definitely feel the impact with an estimated decrease in gaming revenue between 7% - 12% with no sign of recovery within 2 years. This means jobs that can offer progression opportunities, training and advancement will become harder and harder to find because these venues will be assessing every area of their business in order to reduce cost and trying to recover potential lost earning.
However, do not be disheartened. There will always be opportunities out there, you will have to look harder for them and you will have to be a little more homework before you change companies. The hospitality industry is very resilient industry and can offer good employment prospects even during these trying times.
The smoking ban only applies to indoor public place and smoking is still aloud in alfresco and open air areas. However, there is considerable debate over what constitutes (or more precisely, what should constitute) an outdoor area. The governing legislation offers calculation on how to determine the correct percentage of open air space however the same legislation also considers a cafe umbrella a fix wall. Let's consider the following example. If an establishment has an outdoor area and they decide to install cafe umbrellas than the umbrellas will then constitute the ceiling at there lowest point, which changes the percentages of open air spaces and the establishment's outdoor area might not comply with the legislation. Therefore it must be a non smoking area.
The NSW public health units who are authorised to inspect and enforce the smoking legislation and investigate complaints also have questions about the merits of parts of the legislation (unofficially of course). And considering the monetary penalty for failure to comply with the legislation it is general opinion within the industry that the government must address the gray area within the legislation.
The following list the fines applicable.
* Smoking in a smoke free area - $550
* Allowing a person to smoke in a smoke free area - $1100 to $5000 (occupier)
* Failure to display signage - $550 (occupier)
This new legislation has far reaching consequences for both the large and small licensed venues within NSW and those venues that have planned, invested and implemented strategies in order to soften the blow will come out on top. So what does this mean to you the employee or prospective employee? Venues such as club, pubs and night clubs will definitely feel the impact with an estimated decrease in gaming revenue between 7% - 12% with no sign of recovery within 2 years. This means jobs that can offer progression opportunities, training and advancement will become harder and harder to find because these venues will be assessing every area of their business in order to reduce cost and trying to recover potential lost earning.
However, do not be disheartened. There will always be opportunities out there, you will have to look harder for them and you will have to be a little more homework before you change companies. The hospitality industry is very resilient industry and can offer good employment prospects even during these trying times.
Tuesday, June 8, 2010
Non-Smoker's Guide to Europe's Smoking Laws
Here is the rundown on the smoking rules in European countries. We are always on the lookout for countries that have decided to go smoke-free or at least make it easier for non-smokers to eat out.
Austria
The Austrian republic is one of Europe's last refuges for smokers; it is still resisting the smoking bans in effect in other EU countries. However, the state-run railways OeBB have been non-smoking from September 1, 2007. Austria's Health Minister Andrea Kdolsky is considering introducing smoking rules in restaurants and cafes by 2008. A 2005 law that forbids smoking in public places ( but specifically excludes cafes and restaurants) would be reinforced from January 1, 2008 to require larger restaurants to split their dining areas 50-50 between smoking and non-smoking sections. Smaller eateries would have to decide whether they were smoking or non-smoking establishments and put up a sign declaring their choice.
Germany
As of September 1, 2007, smoking is banned in public places in all of Germany. But local laws regulate smoking in restaurants and cafes in their own jurisdiction, so you will see some differences in how the law is carried out by each German state.German trains and train stations however, have banned smoking entirely. Some of the larger train stations have special smoking rooms available for those who need their nicotine fix before or after their smoke-free voyage.
Ireland
In 2004, Ireland became the first country in the world to impose an outright ban on smoking in workplaces. Irish legislation makes it an offence to smoke in workplaces, which effectively bans smoking in pubs and restaurants.
Italy
An official ban on smoking in all enclosed public places was imposed in Italy on January 10, 2005. This law obliges restaurants, bars, offices and factories to prohibit tobacco use on their premises unless they are able to provide special sealed off rooms with smoke extractors. Because few retailers were able to fulfill this condition, it is now practically impossible to smoke in any public place. A fine of up to 2,000 Euros could be levied on businesses which fail to comply with this law. And smokers may be fined up to 275 Euros which can be doubled if a smoker lights up in front of children or pregnant women.
Finland
Except in designated smoking zones, smoking is not permitted indoors in public buildings and other places open to the public. Smoking zones are not available in facilities for children and other persons under eighteen. Smoking is also prohibited on trains, trams, buses or aircraft, schools and other educational institutions, offices and other places of work.
France
Since February 1, 2007 smoking was banned in workplaces and other public buildings and will expand in 2008 to include cafes, restaurants and bars. Many restaurants have already become smoke-free or offer non-smoking sections.
The Netherlands
On January 1, 2004, cigarettes were banned from many public places including railway stations, trains, toilets and offices.
Norway
A national ban was imposed on smoking in restaurants, bars and cafes from June 1, 2004
Sweden
Since May, 2005 smoking has been prohibited in all bars and restaurants. Establishments wanting to allow smoking are required to have a closed-off section with specially-designed ventilation, where no food or drink can be served.
United Kingdom
Smoking is banned in nearly all enclosed public spaces - including bars, restaurants and workplaces. The ban came into effect in England on July 1, 2006. Scotland introduced a ban in March 2006, followed by Wales and Northern Ireland in April 2007.
Austria
The Austrian republic is one of Europe's last refuges for smokers; it is still resisting the smoking bans in effect in other EU countries. However, the state-run railways OeBB have been non-smoking from September 1, 2007. Austria's Health Minister Andrea Kdolsky is considering introducing smoking rules in restaurants and cafes by 2008. A 2005 law that forbids smoking in public places ( but specifically excludes cafes and restaurants) would be reinforced from January 1, 2008 to require larger restaurants to split their dining areas 50-50 between smoking and non-smoking sections. Smaller eateries would have to decide whether they were smoking or non-smoking establishments and put up a sign declaring their choice.
Germany
As of September 1, 2007, smoking is banned in public places in all of Germany. But local laws regulate smoking in restaurants and cafes in their own jurisdiction, so you will see some differences in how the law is carried out by each German state.German trains and train stations however, have banned smoking entirely. Some of the larger train stations have special smoking rooms available for those who need their nicotine fix before or after their smoke-free voyage.
Ireland
In 2004, Ireland became the first country in the world to impose an outright ban on smoking in workplaces. Irish legislation makes it an offence to smoke in workplaces, which effectively bans smoking in pubs and restaurants.
Italy
An official ban on smoking in all enclosed public places was imposed in Italy on January 10, 2005. This law obliges restaurants, bars, offices and factories to prohibit tobacco use on their premises unless they are able to provide special sealed off rooms with smoke extractors. Because few retailers were able to fulfill this condition, it is now practically impossible to smoke in any public place. A fine of up to 2,000 Euros could be levied on businesses which fail to comply with this law. And smokers may be fined up to 275 Euros which can be doubled if a smoker lights up in front of children or pregnant women.
Finland
Except in designated smoking zones, smoking is not permitted indoors in public buildings and other places open to the public. Smoking zones are not available in facilities for children and other persons under eighteen. Smoking is also prohibited on trains, trams, buses or aircraft, schools and other educational institutions, offices and other places of work.
France
Since February 1, 2007 smoking was banned in workplaces and other public buildings and will expand in 2008 to include cafes, restaurants and bars. Many restaurants have already become smoke-free or offer non-smoking sections.
The Netherlands
On January 1, 2004, cigarettes were banned from many public places including railway stations, trains, toilets and offices.
Norway
A national ban was imposed on smoking in restaurants, bars and cafes from June 1, 2004
Sweden
Since May, 2005 smoking has been prohibited in all bars and restaurants. Establishments wanting to allow smoking are required to have a closed-off section with specially-designed ventilation, where no food or drink can be served.
United Kingdom
Smoking is banned in nearly all enclosed public spaces - including bars, restaurants and workplaces. The ban came into effect in England on July 1, 2006. Scotland introduced a ban in March 2006, followed by Wales and Northern Ireland in April 2007.
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