Smoking Ban

I’ve no idea. Have they even published the Regulations yet? Your scheme would probably pass the ‘workplace’ test and possibly the ‘public place’ test.

I was reading somewhere that there’s been less than 20 prosecutions so far in Scotland under their legislation.

Posted under Legal Issues

Posted by Alec at 2:14 pm, February 16, 2007

6 Comments so far

  1. That’s because of the employees though Paul – if employees aren’t allowed on the premises then who knows. I’ll see if I can find the Regulations.

  2. You can smoke in a designated bedroom. I’m not sure how many guests would be acceptable in your designated bedroom though……..

    There’s nothing in the Health Act that mentions licensed premises:

    (1) Premises are smoke-free if they are open to the public.

    (2) Premises are smoke-free if they are used as a place of work (by more than one person or if members of the public are sometimes present)

    (7) Premises are “open to the public” if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not.

    There are various exceptions that don’t apply to Mike’s shed but it’s the interpretation of paragraph 7 that’s the crucial point.

  3. Ah, the Act does mention licenced premises – but only under ‘exemptions’ . They’re not allowed to exempt any part of “premises in respect of which a club premises certificate has effect”. You’re not looking for an exemption anyway and the shed presumably wouldn’t be covered by the club premises certificate if it was a separate building leased out to a third party.

  4. I suppose a shed’s a shed. If you were to buy a shed and rent a small piece of land to put it on who can stop you inviting your friends round? And if they bring beer and tobacco with them what difference does it make? It would probably be better if it was rented by a person rather than a club or association – just to ensure that everyone regarded it as a private place.

    If you were to convert your garage into a small bar, complete with snooker table, beer pumps etc, it doesn’t make it a public place does it?

  5. Mike – I suppose there might be some planning issues about erecting a large shed in the club grounds – possibly not though since I understand that the rules regarding ‘temporary structures’ are quite relaxed. I suppose there might also be a licensing issue..? I know nothing about such things but Nigel seems to be suggesting that a shed in the grounds of a licenced premises may be covered by the licence. I’ve no idea. Presumably whoever the licence-holder is has access to advice on that sort of issue?

  6. If you were to have it as a shed rented by the Angling Club then members of that club could, possibly, be considered “a section of the public” i.e. that section of the public that belongs to the club. I think that might be what paragraph 7 is getting at.

    If it was your OWN shed – rented for a few quid a month then it would be private and up to you to invite whoever you wish. I’d get a proper legal opinion on that though – you don’t want to be the one that has a test case brought against them.

    As I said before, you also need to be clear about the possible licensing and planning implications.

    I imagine that an old bus, minus engine, parked in the car park would be a suitable renovation project for you and your pals?

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