Clean air
7.1 People are increasingly insisting on a healthy environment and clean air. Forward-looking businesses are already providing it for both their customers and staff. Public attitudes have changed a lot over the last two decades. Smoke-filled buses, trains and cinemas are a fading memory. Businesses that fail to recognise this will increasingly find customers voting with their feet. The vast majority of people agree that smoking should be restricted in public places. Forty-two per cent of people already take the availability of a non-smoking area into account when choosing a restaurant, and 1 in 5 people already do so when choosing a pub32. Provision is improving, but there is a long way to go.
Telford Shopping Centre
Chris Crane, Customer Services and Promotions Manager at Telford shopping centre said of their change to a no-smoking environment:
"The majority of comments and letters received from our customers about our no-smoking policy are extremely supportive. Parents of young children can now shop safely without the fear of their children being burnt by cigarettes in crowded areas, and can enjoy the benefits of clean healthy air. Our customer traffic has increased substantially since the policy was introduced - our traders are delighted and fully support the policy. We are proud to display our Roy Castle Gold Award to reinforce our commitment to smoke-free air."
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7.2 We want to build on the progress of recent years. At present, non-smokers are often exposed to the health risks, discomfort and irritation of tobacco smoke, while smokers often get forced to smoke on the street. The friction and aggravation felt by smokers and non-smokers alike is the result of a lack of proper choice.
Passive smoking
7.3 The health risks are clear. Passive smoking does carry risks but they are small compared to the risks of active smoking. A non-smoker, living or working in a very smoky environment over a prolonged period, is 20-30 per cent more likely to get cancer than a non-smoker who does not20. Hundreds of people die every year in the UK as a result of high levels of exposure to passive smoke.
7.4 We do not think a universal ban on smoking in all public places is justified while we can make fast and substantial progress in partnership with industry.
7.5 We have looked very carefully at the case for an outright ban, or legal restrictions, like the ones tried in some other countries. A number of countries have tried an outright ban on smoking in bars and restaurants. But such restrictions have proved difficult to implement. We want to work with business and others to achieve real change, highlighting and building on best practice. In public places we want to see real choice for the public as a whole - non-smokers and smokers.
' we want to work with business and others to achieve real change'
7.6 We agree that completely smoke-free places are the ideal, and some businesses have taken the decision to go completely smoke-free. We support them in their decision, and would like to see more. But we recognise that it is not always going to be possible. So the next best thing is separate rooms for those who want to smoke, and for those who do not want to smoke. If they cannot be provided, separate areas are the next best thing, with good ventilation and air cleaning, so that the atmosphere is more comfortable for everyone.
7.7 The hospitality industry - pubs, restaurants, hotels - recognises that consumers expect not to have to socialise in smoky atmospheres if they do not want to. Hospitality businesses know it makes good business sense to provide what customers want. There is clear scope for further development through partnership, with Government working together with the industry to find the best solutions.
Easy Breathing project, Bristol
Many customers want to choose non-smoking facilities, and guides for restaurants/pubs providing smoke-free areas for diners are proving popular. This is not necessarily just non-smokers, but also smokers may prefer to eat in a smoke-free environment. One such guide is the Bristol "Easy Breathing" project, which has signed up a large number of pubs to provide a smoke-free area.
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7.8 Gradual improvements in the provision of non-smoking facilities in public and work places have been made over a period of decades. But while progress is being made generally, it is not consistent across the board. Policies tend to be best in education and health establishments, and many large employers have made their workplaces primarily smoke-free with appropriate provision for smokers. Progress has been slower among smaller employers and leisure establishments such as pubs, clubs and restaurants.
7.9 Consumers deserve to know they have a choice to make and to be able to exercise it. Staff have a right to choose not to work in smoky conditions. New legislation is not necessary if owners and employers recognise these points and act accordingly.
7.10 Ultimately, it is the responsibility of all of us as individuals, employees, consumers and employers to drive change in public places generally. Our health and comfort are at stake.
Smoking in public places
7.11 Seven out of ten people do not smoke. Those people should not have to breathe other people's smoke when they go into a pub or restaurant if they do not wish to. On the other hand, if someone who smokes wants to spend the evening in a pub with friends who either smoke themselves, or who do not mind other people's smoke, they should be able to do so. It is a question of balance. But most people think more should be done to restrict smoking in public places32. The Government is taking action which reflects that.
What action are we taking?
7.12 We have reached agreement with representatives of the licensed hospitality trade that there is a need for continuing improvement in the provision of non-smoking facilities over the coming years. We will now negotiate with them to work up the detail of a Charter which will ensure that consumers are better able to choose whether to eat, drink or socialise in smoky atmospheres.
7.13 The Charter we have agreed is sensible, practical and will deliver real improvements. Pubs, bars and even restaurants are widely acknowledged to be particularly difficult places in which to address the issue of smoking. We congratulate the industry and welcome its approach. Now we look to further members of the licensed trade, such as the Scottisch Licensed Trade Association (SLTA), and members of the non-licensed trade, such as guest houses, cafes and fast-food outlets, to follow suit.
' pubs, bars and even restaurants are widely acknowledged to be particularly difficult places in which to address the issue of smoking'
7.14 We have agreed with bodies representing the hospitality trade the following principles, which will be worked up in detail in due course with targets to be achieved over agreed timescales:
Public Places Charter
The signatories to this Charter recognise that non-smoking is the general
norm and that there should be increasing provision of facilities for non-
smokers and the availability of clean air. The signatories therefore commit
themselves in principle to achieving the following objectives in premises
for which they are responsible or which they represent:
- A written policy on smoking, available to customers and staff
- Implementation through non-smoking areas, air cleaning and ventilation, as appropriate and whenever practicable
- Communication to customers through external signage to an agreed format and appropriate internal signs
- Implementation on a rolling basis over a number of years, informed by an initial assessment of the current position, internal monitoring and subsequent independent research to monitor progress
- Recognition of smoking policies as a management responsibility to be reflected in general training, qualification and supervision
- Support for shared expertise and guidance on commercial and technical benefits of smoking policies and air cleaning. The Government applauds these aims and will encourage and support the signatories in achieving them.
Association of Licensed Multiple Retailers (ALMR)
Brewers and Licensed Retailers Association (BLRA)
British Institute of Innkeeping
British Hospitality Association (BHA)
Restaurant Association
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7.15 We will be working closely with the industry to turn the principles of the Charter into practical action on the ground.
7.16 Independent research will be funded by the industry, but commissioned in conjunction with the Department of Health, to monitor progress against agreed target improvements.
7.17 Individual complaints not resolvable through the businesses or representative bodies concerned would be matters for trading standards or other enforcement routes as appropriate.
7.18 Progress towards the targets will be monitored, and if necessary the targets will be reviewed, on a regular basis between the representative bodies concerned and the Department of Health.
7.19 Training in smoking policy issues will become a requirement for the National Licensee Certificate provided by the British Institute of Innkeeping. The Institute issues 30,000 such certificates each year and magistrates are increasingly expecting applicants for liquor licenses to have qualified for the certificate.
7.20 With pubs, bars and restaurants displaying notices outside the premises informing customers of the type of smoking policy in operation within the building, non-smokers will be able to choose whether to expose themselves to the health risks and discomfort associated with passive smoking. Consumer choice will continue to drive the progress that the public wants in the provision of smoke-free areas in public places.
' consumers can do a lot by simply asking for smoke-free areas to be provided'
7.21 We have agreed in principle with the industry that there should be a national industry-led scheme to badge restaurants, pubs and bars with an agreed symbol denoting the type of smoking policy in operation inside. Consumers will then be in a position to choose which establishment to enter on the basis of its smoking policy. Consumers can do a lot by simply asking for smoke-free areas to be provided as well as by voting with their feet. Local health promotion units and voluntary groups compile lists of places with smoke-free accommodation.
7.22 Customers are famililiar with hospitality premises being evaluated by the number of symbols displayed, with the best-rated establishments given five, the next-best four, and so on. While the categories of smoking policy have yet to be agreed with the industries concerned, we think there are five key levels which should be indicated in any system if customers are to be able to make a real choice:
| Non-smoking | No smoking allowed at any time |
| Separated | Smoking and non-smoking areas are separated by walls |
| Designated | Areas with spaces clearly defined for smoking and non-smoking |
| Ventilated | Non-defined areas but special ventilation equipment used to improve comfort for non-smokers |
| Smoking | No segregation or special ventilation equipment |
7.23 Ventilation systems can improve the comfort and welfare of the public and employees. The best systems can, provided they are properly operated and maintained, protect non-smokers from exposure to carcinogens. However, without being able to guarantee that such equipment is maintained and operated properly, we cannot endorse it as being as effective as smoke-free areas. We are already in discussion with manufacturers of air-cleaning equipment through the Atmosphere Improves Results (AIR) industry initiative on the development of agreed standards for equipment which we can endorse.
Smoking at work
What action are we taking?
7.24 We are not going to ban smoking at work. But the Health and Safety Commission (HSC) is going to consult on a new Approved Code of Practice on smoking in the workplace. This will considerably toughen existing measures. The Code will be designed to improve protection of the welfare of all employees by defining the kind of smoking policies employers need to operate to comply with existing health & safety legislation. Consultation will begin in Spring 1999.
What is an Approved Code of Practice?
7.25 An Approved Code of Practice is a form of guidance. It gives practical advice on how to comply with the law. If employers follow the advice they will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. They may use alternative methods to those set out in the Code in order to comply with the law.
7.26 The content of the Approved Code of Practice, if agreed, would be based on the content of the existing guidance from the Health and Safety Executive (HSE)45, so that employers should:
- introduce smoking policies that give priority to the needs of non-smoking employees, whether the smoke comes from other employees or from customers
- take special care for people who have a health condition that may be made worse by tobacco smoke
' policies that give priority to the needs of non-smoking employees'
7.27 Approved Codes of Practice have a special status under the Health and Safety at Work etc. Act 1974. Although it is not of itself an offence to fail to comply with the provisions of a Code, if an employer is prosecuted for a breach of health, safety and welfare law, and it is proved that they did not follow the relevant provisions of the Code, they need to show that they have complied with the law in some other way, or a Court will find them at fault.
7.28 Health and safety inspectors from the HSE and Local Authorities would be able to quote a Code on smoking in the workplace in court in cases of alleged breaches of the Health and Safety at Work. Act. In practice, this would put the burden of proof on employers, making the new Code significantly stronger than existing guidance which is entirely voluntary.
Consultation
7.29 Details of the likely effect of the Code will depend on its content which will be set out in detail in a consultation document to be released by the HSC in Spring 1999. The HSC covers England, Scotland and Wales. Similar action will be taken by the Health and Safety Executive for Northern Ireland. In Scotland, close consultation will take place with the Health at Work Awards Scheme, which develops and implements workplace policies.
Workplace smoking cessation
7.30 Good employers are beginning to offer their staff help if they want to give up smoking. Seven out of ten smokers say they want to give up, and employers who help them do so are likely to find a healthier, fitter workforce, and fewer days missed through illness. Employers can help by:
- arranging group counselling workshops run by trained health professionals
- using educational materials made available as part of national anti-smoking campaigns
- getting involved in local initiatives involving the health authority or other groups
Kendall Company UK Ltd Cornwall
Some employers are already offering their staff help to quit smoking. For example, to help those of his employees who wanted to quit, the Plant Director of Kendall Company UK Ltd in Cornwall provides free nicotine replacement therapy patches to his employees. The employees sign a personal contract with the company to pay back the costs of the patches if they start smoking again. The scheme continues to enable employees of Kendalls to quit smoking.
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Government offices
What are we going to do?
7.31 Most Government Departments are making a specific policy contribution to the package of measures in this white paper - this document is very much about joined-up government. But we are determined that every Department should also take practical steps to set a good example to other sectors. All Departments will be conducting full reviews of their internal office smoking policies. Policies will be expected to reflect the content of any new HSC Approved Code of Practice.
' all departments will be conducting full reviews of their internal office smoking policies'
7.32 Each Department will be responsible for taking forward its own review. The Department of Health will monitor progress to see that they have been carried out and implemented.
7.33 The NHS Executive has recently reviewed smoking policies in the NHS in England. It has found that virtually all hospitals have smoking policies, but that not all are properly in operation. The NHS Executive will be providing advice in the form of a "tool-kit" to help the NHS ensure its policies are put into practice. Similar initiatives are under way elsewhere in the UK.
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