Minister urges easy line on smokers (From The Argus)

Minister urges easy line on smokers

11:27am Thursday 28th June 2007 in

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Sussex councils have been urged to adopt a softly-softly approach to smokers in the early days of the looming ban in pubs and restaurants.

Health minister Caroline Flint said local authorities should show "common-sense" by simply having a quiet word with smokers who light up in a public place by mistake.

Just two people have been prosecuted since a ban was introduced in Scotland in March 2006 - and ministers hope for a similarly low total in England after July 1.

Speaking to The Argus, Ms Flint said: "If someone lights up, they should be reminded of the change and, hopefully, they will put out the cigarette, or go outside.

"We are saying to councils 'Don't come down on them like a ton of bricks and immediately issue that person with a fixed penalty notice'.

"There may be some smoking martyrs, but it is only when people are flagrantly breaking the law that matters should be taken further, as a last resort.

"In the same way, a business should not be taken to court simply because a no-smoking sign falls off the wall."

However, Ms Flint admitted it was up to individual local authorities whether to go in hard on smokers flouting the ban, adding: "We can't micro-manage from Whitehall."

Smokers lighting up in public places after 10am on Sunday can be fined £50, reduced to £30 if they pay their fixed penalty notice within 15 days.

Businesses can be fined £200 for not displaying signs correctly - and up to £2,500 if they are prosecuted for failing to prevent smokers lighting up on their premises.

Ms Flint did not deny that the Government had been "dragged kicking and screaming" into a ban in all pubs, having originally planned to exempt those not serving food.

It was only when Labour MPs were granted a free vote, in February 2006, that they inflicted a stunning defeat and ensured a total ban.

However, Ms Flint said the advantage was that the Government had not appeared "heavy-handed" - making it easier to win the public's support.

The new legislation in England will cover virtually all enclosed and substantially enclosed public places and workplaces, including shops, offices, factories, pubs, restaurants, public transport, and work vehicles that are used by more than one person.