The Smoking Ban and Council Employees

The smoking ban starts on 26th March 2006 The Smoking Health and Social Care (Scotland) Act 2005 came into effect at 6:00am on Sunday 26th March 2006 and since then it is a criminal offence for a person to smoke in "no smoking premises", as well as an offence for the person having the management or control of premises to allow smoking within them or fail to display no smoking signs on their premises.

No Smoking Premises include premises which are wholly or substantially enclosed and -

to which the public or a section of the public has access
which are being used wholly or mainly as a place of work

Premises also includes vehicles and vessels.

Local Authorities have been empowered to enforce the smoking ban and are seen by the Scottish Government as the Vanguard and lead Agency in ensuring compliance with the law.

Clackmannanshire Council already had a no smoking policy in place which states that the Council is committed to providing a healthy and comfortable smoke free working environment for its staff, this has included the elimination of smoking in Council workplaces and vehicles. The Council also recognises that smoking is an addiction and for certain individuals a chronic one. Accordingly, support and advice is available for those who find it difficult to break the smoking habit.

The smoking ban covers all local authority premises and vehicles and it is now a criminal offence to smoke in Council Premises or Council Vehicles, with offenders being liable to a fixed penalty fine of £50. It is also a criminal offence for any person, having the management or control of Council Premises or Vehicles to knowingly allow another to smoke within them or fail to display no smoking signs on such premises or vehicles with offenders being liable to a fixed penalty fine of £200.

Further information and guidance can be obtained from Environmental Services, Smoking Ban Coordinator or Authorised Officers who are responsible for enforcement in all "no smoking premises" including council property.