Councillors have nixed rumours that special anti-smoking units will be created to enforce the July 1st ban. An article in the Telegraph earlier this year reported that millions of pounds would be channelled into the creation of new teams of inspectors tasked specifically with the enforcement of the new law.
The article suggested that these anti-smoking police would not have to identify themselves to customers and could sit among drinkers undercover and photograph and film people for evidence of them flouting the ban.
But most authorities have said the law will not require such heavy-handed tactics and have dismissed the claims. Kevin O’Brien-Wheeler, team leader of Environmental Health for Bexley Council, said local government will be taking a much softer approach to enforcing the ban:
“Contrary to popular belief there most certainly won’t be a ‘Smoking Gestapo’ patrolling the streets. We’re taking an ‘advice and education’ rather than a ‘warn and enforce’ approach. To be honest, we don’t anticipate too many problems anyway. Most smokers are more considerate to the health concerns of non-smokers nowadays anyway so it shouldn’t be too painful a transition. We’re satisfied that people understand the implications of the ban and most people will be compliant. We won’t be organising routine inspections or surprise check-ups. Instead we’re putting faith in peoiple being conscientious and abiding by the rules. We don’t want people to feel intimdated. Instead we are treating people like adults and trusting them to abide by the law.”
A spokesman for the ECIH said the reporting was inaccurate:
“The ‘anti-smoking police’ is nothing but a media concoction. Previous bans elsewhere have been introduced without any difficulty and we don’t expect things to be any different here. We will of course provide support to any councils who are experiencing problems in applying the new laws, but as long as people aren’t breaking the law the law won’t need to be enforced. And we fully expect the ban will be self-complying. The landlords and restaurant owners will be the chief enforcers of the ban.”
Pamela Bates, senior policy adviser for British beer and pub association, said there will be little need for any draconian enforcement measures:
“The true enforcers of the law will be the licensees. We think there should be a lighter touch to enforcement at first because people will be confused and make mistakes. We don’t think there is a need for extra police because we think the consequences are so high that the law will be self-policing. The consequences alone are enough of a deterrent.”
However, some councils are taking a harder line in enforcing the ban. Liverpool council have sent letters to residents asking them not to smoke at home during council visits, and said they would not tolerate businesses that refused to adapt to the law. A spokesman for Liverpool City Council said:
“We want to make our presence felt from the start, and while we won’t issue warnings on the first day, we won’t be afraid of making an example of businesses if they try to make a stand.”
In Nottingham, there will be about 30 officers patrolling the city including existing environmental health officers. The council is also exploring the idea of using street wardens who currently aid the police force, to help ensure the ban is enforced.
However, James Thomas, Head of Nottingham City’s Tobacco Control Alliance said the public should not be suspicious of the council's methods:
“We are not 'enforcing' the ban and people needn't worry we will be intruding into their lives. Instead we are pursing a positive reinforcement approach. Local employees and employers to learn how the changing legislation will effect their organisations, and with only a few weeks to go until the ban begins, businesses need to ensure that they will be compliant with the law come 1 July and we will be fully supporting them."
In Bournemouth, the council will be inspecting premises to ensure compliance with the ban but said that no extra resources were being channelled into smoking ban enforcement:
Jemma Rawle, Licensing Technician, Environmental Health Bournemouth said:
“So far we’ve only had two complaints about the ban so far. We’re not recruiting anyone new onto the council to deal with any problems which may arise from the ban. Environmental Health Officers will be inspecting high-risk premises such as pubs, clubs and members clubs to ensure they are equipped to deal with the ban. It affects so many premises that we are prioritising these high-risk areas. Small businesses will be dealt with on an ad hoc basis. Anyone with a problem can always get in contact and we’l do our best to deal with the problem as soon as possible. Anyone with any complaints or questions can phone the National Helpline set up by smokefree england but the council is equipped to deal with enquiries if and when they do come in. We’re not anticipating being swamped”
Despite confidence in the success of the ban, there are worries that the new laws will create new problems.
A spokesman for the Federation of Small Businesses said:
“Of course we are worried that there will be some backlash. More people will naturally go outside to smoke, and this could lead to problems with littering and increased noise levels outside pubs and cluns. This could lead to a lot of complaints, especially if these businesses are in rural areas.”
John Madden, spokesman for the Guild of Master Victuallers, which represents pub landlords, said most pubs do not have the land to build new smoking areas:
“The problem is London pubs generally do not have space to build extensions so people can smoke comfortably outside.”
But a recent survey by market researchers Nielsen predicted the ban would lead to 200 million fewer pints being sold next year. Some landlords are refusing to conform to the ban, and say that business will be hit hard by the new laws. But most seem to have accepted the ban
Landlord of the Alma pub in Sidcup, Kent John White said there is no reason to worry:
“I don’t think it will make any difference to trade. Our customers have accepted it, even if they are not happy with it. Because it’s a blanket ban covering clubs as well the damage to business won’t be as severe because there literally won’t be anywhere outside your own home where you can’t smoke, so if people want to go out they won’t have a preference for one place over another. We were worried at first that if clubs stayed smoking most people would skip their pre-club drinks at the pub and go staright to the clubs.”
Pamela Bates, senior policy adviser for British beer and pub association
“The true enforcers of the law will be the licencees. We think there should be a lighter touch to enforcement at first because people will be confused and make mistakes. We don’t think there is a need for extra police because we think the consequences are so high that the law will be self-policing. The consequences alone are enough of a deterrent.”
Links:
http://www.beerandpub.com/content.asp?id_Content=1
http://www.smokefreeengland.co.uk/what-do-i-do/business/html
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