Nick Adkin

1. Nick Adkin Tobacco Programme Manager Department of Health

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

3. 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

4. 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

5. 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

6. 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

7. The Health Act 2006 “An Act to make provision for the prohibition of smoking in certain premises, places and vehicles…”

8. 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”

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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”

15. 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

16. 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

17. 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)

18. 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”

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

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

27. 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

28. 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

29. 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

30. 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