News Release
4 September 2008
Pub prosecuted under smoke-free legislation
Today (4 September 2008) saw the first case in the Borough of a
business being prosecuted under Section 8 of the Health Act 2006
for allowing smoking in smoke-free premises.
Mrs Karen Hansler, Designated Premises Supervisor of the
Wellington Inn public house in London Road, Waterlooville pleaded
guilty at Portsmouth Magistrates Court to the offence of failing to
prevent smoking in a smoke-free place and was fined £500 with costs
of £100.
David Lesser, Deputy Manager of the Environmental Health Service
said “Following the investigation of a complaint about smoking at
the Wellington Inn, it was clear that the covered rear courtyard
continued to be used as a smoking area. We had to take action to
ensure that the premises complied with the smoke-free legislation and that customers and
staff were protected from the risks of second hand smoke.”
The Environmental Health service received a complaint in July
2007 shortly after the new smoking ban came into force in England.
The investigation revealed that the public house had installed a
new roof to their rear courtyard that substantially enclosed this
area of the premises. The owners of the public house had also put
up large signs advertising the courtyard as a designated smoking
area.
Over the subsequent three months, the Environmental Health
service provided clear advice and guidance that smoking in the
courtyard was now illegal. Despite discussions with the licence
holder of the public house, the advice was ignored and there
remained clear evidence that smoking was continuing in the covered
courtyard. Action had to be taken to ensure that the premises
complied with the smoke-free legislation.
The legal requirement for premises to be smoke-free applies to
areas of the premises that are ‘substantially enclosed’. The
Smoke-free (Premises and Enforcement) Regulations 2006 define
‘substantially enclosed’ as premises that have a roof and where
less than half the area of the walls is permanently open to the
air. This is commonly known as ‘the 50% rule’. In this case the
openings in the walls were measured at only 15% of the wall area
and so the courtyard remained substantially enclosed and must be
smoke-free.
The borough council’s Environmental Health Team actively advises
businesses of the requirements of the legislation and has also
worked with Hampshire Constabulary in the past by providing
seminars for operators of local licensed premises.