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Title: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: bobm on October 26, 2016, 18:41:54 From YouTube
https://youtu.be/qvloo1s3B1o (https://youtu.be/qvloo1s3B1o) Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: Chris from Nailsea on October 27, 2016, 23:05:14 Well, that seems to have stubbed out this particular topic. ::)
Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: JayMac on October 27, 2016, 23:53:52 Now, what exact legislation are Swindon Borough Council using to enforce this?
Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: bobm on October 28, 2016, 06:14:03 As I understand it the Health Act 2006 gives landowners the power to ban smoking on land they own.
Thus hospitals can make smoking illegal in their buildings and grounds and the railways on platforms whether enclosed or not. Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: stuving on October 28, 2016, 10:04:11 As I understand it the Health Act 2006 gives landowners the power to ban smoking on land they own. Thus hospitals can make smoking illegal in their buildings and grounds and the railways on platforms whether enclosed or not. Not that act - the Health Act 2006 declared all public places and places of employment smoke-free, provided they are enclosed or substantially enclosed. The list can be altered, but only by an "appropriate national authority". Individual owners, proprietors, and even local authorities are not given any powers to designate places, but they may have some by virtue of other statutes or common law, or perhaps by delegation. What is "substantially enclosed", and who does the enforcing (local authorities), was in The Smoke-free (Premises and Enforcement) Regulations 2006: Quote 2.—(1) For the purposes of section 2 of the Act, premises are enclosed if they— (a)have a ceiling or roof; and (b)except for doors, windows and passageways, are wholly enclosed either permanently or temporarily. (2) For the purposes of section 2 of the Act, premises are substantially enclosed if they have a ceiling or roof but there is— (a)an opening in the walls; or (b)an aggregate area of openings in the walls, which is less than half of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises. (3) In determining the area of an opening or an aggregate area of openings for the purposes of paragraph (2), no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut. (4) In this regulation “roof” includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning. On those grounds Swindon Bus Station isn't covered - but it can be added by one of those appropriate national authorities. They must be defined somewhere, probably another regulation, but I can't find it. Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: ellendune on October 28, 2016, 13:05:28 I don't see why a landowner would need a statutory power to ban smoking on their land. It just would not be a criminal offence.
Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: TonyK on November 01, 2016, 09:50:46 Not before time. If I lived closer, I would volunteer to hand out advice leaflets for those wanting to quit, and buckets of water to deal with anyone who thinks that compliance with the policy is voluntary.
Yes, I did smoke until 12 May 1991. Since I quit, I have more money to spend*. *On drink Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: Oxonhutch on November 01, 2016, 13:18:02 Yes, I did smoke until 12 May 1991. Since I quit, I have more money to spend*. *On drink A man after my own heart. There are none so righteous as the converted! Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: chrisr_75 on November 01, 2016, 13:30:46 Yes, I did smoke until 12 May 1991. Since I quit, I have more money to spend*. *On drink A man after my own heart. There are none so righteous as the converted! And none so irritating as the righteous converted ::) Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: TaplowGreen on November 01, 2016, 14:14:22 Now that Slough bus station has been flattened surely Swindon bus station has taken over as one of the grimmest constructions in the country?
I used to spend a day or two every month working in Swindon and heading back to the railway station I always used to smile at the sign that said "Bus station (Buses)".......did the locals really need to be advised as to what they could find there? ;D Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: ChrisB on November 09, 2016, 08:25:48 I don't see why a landowner would need a statutory power to ban smoking on their land. It just would not be a criminal offence. This. Is correct. Unable to enforce. Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: JayMac on November 09, 2016, 09:47:40 Swindon Bus Station is on Council owned land. They may well be able to enforce Fixed Penalties under the Environmental Protection Act 1990, which is criminal law.
Notices stating that smoking is an offence (in a defined area) similar to those for littering and dog fouling, should suffice. I don't agree that a Council should have such a power to enforce in areas that are open or substantially open, but they probably could criminally enforce if they wanted to. Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: ChrisB on November 09, 2016, 10:34:32 Agree in so far that dropping butts is enforceable of course, but smoking in the open air, even within defined privately-owned area has never been successfully enforced (yet). Removal of said person is always possible of course.
Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: Bmblbzzz on November 09, 2016, 12:20:59 A good move IMO regardless of whether it's legally enforceable or not. I'd note that in some countries all railway stations and bus stops are non-smoking by law, and I think in Canada (maybe only certain provinces) that extends to parks.
Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: ChrisB on November 09, 2016, 12:23:54 I'd note that in some countries all railway stations and bus stops are non-smoking by law Inside stations & under enclosed bus stops it is here too. NR are trying to ban outside some station entrances in completely open areas. Doubtful as to whether that is enforceable except to eject said smoker from the land in question Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: TonyK on November 21, 2016, 23:08:25 And none so irritating as the righteous converted ::) Oooh, I reckon I was more irritating when I did smoke, and thought that none of the petty restrictions applied to me! In fairness to smokers today, I see few transgressions. The exception seen today was the pile of dog-ends under the "No smoking anywhere" sign outside the main entrance to Blackpool Victoria Hospital. Title: Re: Swindon Bus Station to be non smoking area from 31 Oct 16 Post by: Oxonhutch on November 22, 2016, 13:32:51 The exception seen today was the pile of dog-ends under the "No smoking anywhere" sign outside the main entrance to Blackpool Victoria Hospital. The same hospital where my father had his heart op and a bloke in his ward - awaiting his heart op - was ejected from the hospital by the surgeon having been caught smoking under his bed sheets!That wasn't as dramatic as the prisoner opposite who escaped through the ward window leaving behind a trail of intravenous (and other) drips and pipes. Interesting place - Blackpool Vic. :-\ This page is printed from the "Coffee Shop" forum at http://gwr.passenger.chat which is provided by a customer of Great Western Railway. Views expressed are those of the individual posters concerned. Visit www.gwr.com for the official Great Western Railway website. Please contact the administrators of this site if you feel that content provided contravenes our posting rules ( see http://railcustomer.info/1761 ). The forum is hosted by Well House Consultants - http://www.wellho.net |