Is the smoking ban limited to 'inside' public places?

Reason I ask is our local council has started fining people who are outside 
but 'within' 3 feet of an enclosed space. I'm sure that inside means, well, 
inside. That's to say enclosed by an area of walls and doors, not stood 
outside an entrance door.

The main target seems to be taxi drivers waiting on ranks, stood outside 
their cabs but leaning on the vehicle. They are being told that because they 
are within 3 feet of the vehicle they are committing an offence !! Not only 
that but as well as the instant £80 fine for smoking in an enclosed space 
they are taking the drivers badges off them preventing them from working 
until they have appeared before a licensing panel - which could be several 
weeks. Are they allowed to introduce their own set of laws, effectively 
imposing a higher penalty (fine + loss of earnings + potential loss of 
licence completely) than the law states?

I should add that ordinary members of the public found smoking in pub 
doorways (within 3 feet) are only being given warnings.

JJ wrote:
> Is the smoking ban limited to 'inside' public places?
> 
> Reason I ask is our local council has started fining people who are outside 
> but 'within' 3 feet of an enclosed space. I'm sure that inside means, well, 
> inside. That's to say enclosed by an area of walls and doors, not stood 
> outside an entrance door.
> 
> The main target seems to be taxi drivers waiting on ranks, stood outside 
> their cabs but leaning on the vehicle. They are being told that because they 
> are within 3 feet of the vehicle they are committing an offence !! Not only 
> that but as well as the instant £80 fine for smoking in an enclosed space 
> they are taking the drivers badges off them preventing them from working 
> until they have appeared before a licensing panel - which could be several 
> weeks. Are they allowed to introduce their own set of laws, effectively 
> imposing a higher penalty (fine + loss of earnings + potential loss of 
> licence completely) than the law states?
> 
> I should add that ordinary members of the public found smoking in pub 
> doorways (within 3 feet) are only being given warnings. 
> 
> 

Go to <http://www.statutelaw.gov.uk> and search for the following.


Health Act 2006
The Smoke-free (Premises and Enforcement) Regulations 2006
The Smokefree (Exemptions and Vehicles) Regulations 2007
The Smokefree (Penalties and Discounted Amounts) Regulations 2007
The Smokefree (Vehicle Operators and Penalty Notices) Regulations 2007
The Smokefree (Signs) Regulations 2007

You won't find any references to "3 feet".
Whilst I happen to think that taxi drivers are scum, the council seems to be making it up 
as it goes along.  The bit about withdrawing licences is also not in keeping with the
Governments view on licences for Public Houses.

Firstly there's an easy get-out in the s.7 (4)and(5).
Secondly it would appear to me that the ratepayers will be
shelling out for damages for groundless withdrawal of licences.

Get your trade body on the case.

IANAL


-- 
Peter Fox
Beer, dancing, cycling and lots more at www.eminent.demon.co.uk

"Peter Fox"  wrote in message 
news:fgvk7r$68m$1$8302bc10@news.demon.co.uk...
> JJ wrote:
>> Is the smoking ban limited to 'inside' public places?
>> Reason I ask is our local council has started fining people who are 
>> outside but 'within' 3 feet of an enclosed space.

>
> Go to <http://www.statutelaw.gov.uk> and search for the following.
>
> Health Act 2006..........,,
>
> Peter Fox
> Beer, dancing, cycling and lots more at www.eminent.demon.co.uk



Thanks, plenty to read there - and a clear definition of what is 'inside' or 
'enclosed'.

One more question, I thought the police had powers to enforce the smoking 
ban, however the legislation says it's pretty much just local councils - but 
;

(5) Where more than one enforcement authority is investigating the same 
person for an offence under section 6(5)(no-smoking signs), 7(2)(smoking in 
a smoke-free place), 8(4)(failing to prevent smoking in a smoke-free place) 
or 11(1)(obstruction etc of officers) of the Act, enforcement functions may 
be transferred from one or more of those enforcement authorities to-
(a)
an enforcement authority that is carrying out any of those investigations; 
or
(b)
any other enforcement authority,
under arrangements made between the transferring and receiving authorities.

So can one of the 'any other enforcement authority' be the police or is it 
limited to those stated in the legislation?