This item was published during the term of a previous administration that ended in April 2007
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Draft regulations for Smoking Bill
10/03/2005
Draft regulations that will govern the Bill seeking to introduce legislation to control smoking in public places are published today for consultation.
Premises to be classed as 'no smoking' are to include restaurants, pubs, clubs, public transport, hospitals, offices, shopping centres, cinemas and bingo halls.
The proposed exemptions include adult care homes, designated hotel rooms, police cells, oil rigs, private vehicles and psychiatric hospitals. (see full lists below)
Responses are invited by Thursday, May 26.
Health Minister Andy Kerr said:
"We know that the single largest cause of preventable premature death in Scotland is smoking. Thousands of people die as a direct result of the habit every year and it's time to start kicking that habit.
"The case for reducing smoking and exposure to second hand smoke in order to improve health is absolutely indisputable, which makes this the most important piece of public health legislation in a generation.
"The regulations out for consultation today set out exactly what we intend to be the effect of the Bill and clarify the very few places which we think should be exempt.
"We welcome comments on these, but, I have made it perfectly clear in the past that we intend that exemptions would only be made on humanitarian grounds and in respect of people's homes. This legislation needs to be as comprehensive as possible in order to be effective.
"Where we do propose exemptions, for example in adult care homes and psychiatric units, we will ensure that there are smoke-free policies in place for those residents, staff and visitors who want to be in a smoke-free environment. There will also be support for residents to help them quit smoking.
"All licensed premises will be covered - public health cannot stop at the door of the public house."
Also published today is the Regulatory Impact Assessment of how the planned legislation could have an impact on the economy as a whole.
Mr Kerr commented:
"This document shows that going for a full and comprehensive piece of legislation on smoking in public places would save more lives and be better for the economy than less stringent regulations.
"I am convinced that this legislation will be a historic turning point for the health of the Scottish people."
The full list of premises classed as 'no-smoking' under the regulations is:
- Restaurants
- Bars and public houses
- Shops and shopping centres
- Hotels
- Libraries, archives, museums and galleries
- Cinemas, concert halls, theatres, bingo halls, casinos, dance halls, discotheques and other premises used for the entertainment of members of the public
- Premises used as a broadcasting studio or film studio or for the recording of a performance with a view to its use in a programme service or in a film intended for public exhibition
- Halls and any other premises used for the assembly of members of the public for social or recreational purposes
- Conference centres, public halls and exhibition halls
- Public toilets
- Club premises
- Offices, factories and other premises or vehicles in which more than one employee works
- Educational institutions
- Premises providing secure accommodation services
- Hospitals, hospices and health centres
- Creches, day nurseries, day centres and other premises used for the day care of children or adults
- Premises used for, or in connection with, public worship or religious instruction, or the social or recreational activities of a religious body
- Sports centres
- Airport passenger terminals and any other public transportation facilities
- Public transportation vehicles
Exemptions from the legislation are:
- Residential premises
- Adult care homes
- Adult hospices
- Psychiatric hospitals and psychiatric units
- Oil rigs
- Private vehicles
- Designated hotel bedrooms
- Designated police rooms