Will there be smoking?

shready

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Will smoking be banned at the Hograost as the National ban comes in on 1st July? :rob
 
Smoking only allowed in the next field, along with the dogs, hippy vans and GS politicians:mmmm
 
Amended ;)


Oh yeah, and Orange bike riders :D

If the snorers are in the other field it will be busier than the main field.

Last year I was pitched next to John Smith and Mutley, snoring Olympians:eek:
 
If the snorers are in the other field it will be busier than the main field.

Last year I was pitched next to John Smith and Mutley, snoring Olympians:eek:

I bet Mutley doesn't snore now he's lost 12 stone :)
 
Will smoking be banned at the Hograost as the National ban comes in on 1st July? :rob

Looking at the legal guidance smoking will be allowed in the field but not in any 'substantially enclosed place'

Key points are:

From 1 July 2007 it will be against the law to smoke in virtually all enclosed and substantially enclosed public places and workplaces. See below for definitions.

Definition of enclosed and substantially enclosed

Premises will be considered 'enclosed' if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed either on a permanent or temporary basis.

Premises will be considered 'substantially enclosed' if they have a ceiling or roof, but have an opening in the walls, which is less than half the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.
 
Looking at the legal guidance smoking will be allowed in the field but not in any 'substantially enclosed place'

But does that also apply to 'Private Parties'?
 
Something to make you think....
My local council have banned smoking on all council owned properties - this includes all playing fields, football pitches, cricket grounds owned and administered by them. This, in effect, bans parents smoking whilst in the park with their kids. Not sure whether the hograost takes place in a council owned area.
Then again, I wouldn't want to be the poor sod who has to tell some 6ft 3in, 20 stone biker to stub his fag out!:eek:
 
I would think that as a 'paid for' event to which anyone can go this classifies as a 'public place' but i would think the marquee would be the only place you could classify as a substantially enclosed public place. :nenau
 
I would think that as a 'paid for' event to which anyone can go this classifies as a 'public place' but i would think the marquee would be the only place you could classify as a substantially enclosed public place. :nenau

As I understand it, the marquee would be an enclosed public space, but if you take the sides off the marquee then it is no longer enclosed, so the smokers can smoke.:confused:
 
Has anybody found a definition of "public space" with relation to the Act?

Some definitions of a public place limit it to a place where the public has free access, others as a place where the public have access on payment or otherwise. This legislation refers to public space, a new term as far as I can see and one that isn't actually defined.

It seems as though if I were to hold a party in fully enclosed premises and entrance was on payment or by invitation only and as long as no-one is employed in that premises at the time, the law doesn't apply.

I did find this interesting snippet while searching......

But the first modern, nationwide tobacco ban was imposed by the Nazi Party in every German university, post office, military hospital and Nazi Party office, under the auspices of Dr Karl Astel's Institute for Tobacco Hazards Research, created in 1941 under direct orders from Adolf Hitler himself.

I guess this should be added to getting the trains running on time, the autobahn and Volkswagen as the good things that came out of Nazism.
 
as long as no-one is employed in that premises at the time, the law doesn't apply.
That, as far as I can tell, is the nub of the matter. No-one earning a crust? Smoke away! someone earning? Then you can't.
As an example, you can smoke in your own home (for now :rolleyes: ) but if you employ a maid, nanny or cleaner you can't as they are entitled to work in a smoke free atmosphere....
 
That, as far as I can tell, is the nub of the matter. No-one earning a crust? Smoke away! someone earning? Then you can't.
As an example, you can smoke in your own home (for now :rolleyes: ) but if you employ a maid, nanny or cleaner you can't as they are entitled to work in a smoke free atmosphere....
David, I don't think that the last part is correct.

Only in communal areas of private buildings, such as entrances and stairwells in a block of flats is covered if a cleaner etc. is employed.

The only restriction I can find that relates to private homes is where someone works from home and there is more than one person doing so in that home.

If a smoker employs a cleaner, the home is still not a public space according to the regulations.

Private accommodation
3. —(1) A private dwelling is not smoke-free except for any part of it which is—

(a) used in common in relation to more than one set of premises (including premises so used in relation to any other private dwelling or dwellings); or

(b) used solely as a place of work (other than work that is excluded by paragraph (2)) by—

(i) more than one person who does not live in the dwelling;

(ii) a person who does not live in the dwelling and any person who does live in the dwelling; or

(iii) a person (whether he lives in the dwelling or not) who in the course of his work invites persons who do not live or work in the dwelling to attend the part of it which is used solely for work.
 
In that case the notes that I've been sent are incorrect or misleading (no surprise there!). That was my interpretation of the notes just prior to me filling them in the recycling receptacle... I stopped anyone smoking in my workshops 10 years ago so it was kind of irrelevant!!

This again shows where the law lacks clarity - I thought one thing but very clearly you demonstrate another...
 


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