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Smoking Ban - A Twist?


Ripsaw

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Apologies for staring "another smoking thread" but this is about the legislation and how far it goes.

 

As well as viewing UK proposals, I like to keep an eye on sites in IOW, Jersey and Guernsey afterall they are often a better gauge of comparison than the UK.

 

Guernsey are in the process of introducing a Smoking Ban like us and there is an article on the subject on This Is Guernsey.com *HERE*.

 

The bit that caught my eye (and thus this post) was this bit:

The only exceptions to the ban will be places considered domestic accommodation such as prison cells, care homes, psychiatric wards and hotel bedrooms.

 

And following a successful amendment proposed by deputy Commerce and Employment minister Carla McNulty Bauer, smoking will be allowed in lorries, vans, company cars and fishing boats used by just one person.

The first bit regarding Prisons and hotels makes sense, it is the second part that mentions an "amendment" to permit smoking in vehicles used by one person.

 

Our "smoking in public places" legislation is of course different to Guernsey's, but does it cover "public" places or "enclosed" spaces? and if our law protects strangers and friends in pubs, does it not protect children and non smokers being carried in (company) cars?

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I think you will find that companies will ban smoking in their cars anyway.

 

Improves the re-sale value of a 36 million miles, 18 month old Vauxford Vectocus I suspect.

 

Who in their right mind smokes with kids in the car anyway?

 

The wording in the clause may be a clue - 'used by one person' - could mean only one user at a time or only one person IN the car - it leaves a lot open I agree.

 

Also another slant- does it mean that the landlord of a Pub cannot have a smoke in his own bar after closing? or his staff have a smoke before and after opening hours?

 

also

 

Last time I was on the IOW (thought I was going to Douglas!) it was part of the UK - so there is no comparison to be sort there.

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Also another slant- does it mean that the landlord of a Pub cannot have a smoke in his own bar after closing? or his staff have a smoke before and after opening hours?

A public bar ceases to be "licenced premises" once the doors are locked and the room is devoid of paying customers.

 

This was a get around for "after hours" lock ins as an offence wasn't being commited unless a member of staff supplied a drink for which the company would receive payment. (And no, pubs were not permitted to give credit, so paying next day constituted an offence).

 

Licencing laws and anti smoking laws smoking are different, so "after hours" doesn't apply in the case of lighting up.

 

In one way, it could be argued that once the front door is locked the bar becomes an extension of the landlords residence (as was the case for alcohol consumption) but even so it remains a place for the serving of food products (beers, wines and spirits are classed as a food product in hygiene laws) and it may therefore be an offence to light up.

 

New laws such as this throw up a lot of potential spanners, or loopholes. Thus the thread :)

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How the fuck can they police non smoking on fishing boats, I for one will be putting both fingers up while out fishing, the deck of our boat is an open space and as for smoking in a van I will continue unless my kids are with me.

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You poor addicted souls.

 

Say it how you wish, but you are the biggest saddos there is in this life. (always have a packet handy eh!)

 

How many times have you done something (legal) that in hindsight now you think was a pretty bad idea?

 

I bet quite a few if you have any experience of life itself, but you were one of the lucky one that didn’t do the society approved and pushed, highly addictive tobacco.

 

I am a smoker and I wish to god I had never started, but I will keep trying to stop the habit and hopefully before I am in a box I will manage to stop.

 

The attitude to smoking has changed dramatically in my lifetime; one thing I don’t understand is why young people today are still taking up the habit

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You poor addicted souls.

 

Say it how you wish, but you are the biggest saddos there is in this life. (always have a packet handy eh!)

 

How many times have you done something (legal) that in hindsight now you think was a pretty bad idea?

 

I bet quite a few if you have any experience of life itself, but you were one of the lucky one that didn’t do the society approved and pushed, highly addictive tobacco.

 

I am a smoker and I wish to god I had never started, but I will keep trying to stop the habit and hopefully before I am in a box I will manage to stop.

 

The attitude to smoking has changed dramatically in my lifetime; one thing I don’t understand is why young people today are still taking up the habit

 

Young people still do it because they still think its "cool" and they see other people do it, I'd like to see their face in 20 years time knowing they can't go into pubs or walk down a high street when having a fag. (If things ever go that far)

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