Smoking Bans
V8/06.08

Belgium

Adopted a two stage approach, with stage one applying on 1 January 06 to all enclosed workplaces as well as enclosed public areas. Stage two came into effect on 1 January 07 and applies to restaurants as well as places where meals are served. Not included are cafés and bars that sell only snacks. A snack is defined as food that requires no cooking, so sandwiches, salads and the like are okay. On the other hand restaurants may still permit smoking in separate rooms where no food may be served, though very few have this facility. The ban does not extend to vehicles, whether company or privately owned. Hotels may still continue to offer smoking bedrooms if they wish and a quick check indicates that the majority have elected to do so. The common areas of hotels are smoke free, although many have bars with smoking sections.

A list for Belgium is not planned, however visitors should experience few difficulties in finding suitable accommodation and their hotel receptionist should be able to point them to an appropriate venue for their evening snack.


Italy

From January 2005, smoking has been forbidden in all enclosed public places. Nevertheless it is possible to smoke in any establishment that has provided a ventilated smoking room (sala fumatori), in which food may be served, but which are subject to strict conditions. They need to be separately ventilated, with specified air replacement rates; their air pressure must be lower than the pressure in the surrounding rooms and they must be equipped with automatic sliding doors. There are no restrictions on where these rooms may be located, hence some offices have this facility. Expensive to install, hence fewer than 5% of all public establishments have elected to provide them. The ban does not include vehicles, irrespective of ownership, though smoking is prohibited in all buses, trains, taxis and hire cars.

A fine of up to 2,000 Euros may be levied on businesses that fail to comply with this law and smokers may be fined up to 275 Euros. Despite this, smoking is still commonplace and there is no general social stigma against those who do.

The definition of what constitutes an outdoor area is fairly relaxed in Italy and it is not unusual to see patio areas with extensive screening or wind breaks. Hotels may continue to provide smoking bedrooms if they wish, however all common areas within the building are strictly non smoking. Several hotels do however offer smoking sections attached to their restaurants that conform with the legislation.

The list for Italy includes a number of pubs and restaurants that offer sala fumatori and can be accessed via the footer link.


England, Scotland, Northern Ireland & Wales

Where is smoking banned?

All public access indoor areas (pubs, bars, restaurants, shopping malls, airports etc., as well as all common areas in your hotel), public toilets, buses, trains, hire cars, phone booths as well as bus shelters that have three or more sides. Also included are company owned vehicles, being "places of work". All must display a no smoking sign, so you will see them everywhere, vehicles included.

Where can I smoke?

A private house, a private caravan, a private vehicle, a designated smoking bedroom within a hotel, guest house, inn or hostel as well as an approved smoking shelter. In England specialist tobacconists may allow customers to sample cigars and pipe tobacco within their premises, though few have elected to do so thus far. You may smoke outdoors and you will find that, where possible, most service providers will have a few tables and chairs outside and ashtrays will be supplied.

The lists (accessible via the footer link) make no attempt to include every sidewalk café that any visitor can easily see. Rather it will list beer gardens, patio areas and the like that are privately owned.

Beware that a small number of land owners have an outside no smoking policy. They will display a sign, however these are purely private initiatives and enforced by the land owner.

Why exclude hotel bedrooms?

They come under a broad category classed as "temporary homes". The following may help:

www.opsi.gov.uk/legislation/scotland/ssi2006/20060090.htm (the ban) was enacted in Scotland in 2006 and, aside from regional semantics, Wales, Northern Ireland and England followed suit in 2007. It details the room requirements, then goes on to state that the term "hotel room" applies equally to boarding houses, guest houses, inns and hostels that have two or more letting rooms. It specifies that it is the owner or manager of the establishment who has sole discretion to decide which bedrooms may be designated for smoking.
www.walsall.gov.uk/index/environment/smokefree/smoking_permission.htm (or _faq.htm) provides an easier read for visitors to England.

What do you mean by "smoking shelter"?

A shelter may be approved for smoking if the structure has no roof, then it may have four sides or, if it has a roof then the walls cannot be greater than 50% of the available area. Beware, because they have three "walls" as well as a "roof", you can be fined for smoking in a doorway.

What are the penalties for smoking in the wrong place?

A £50 on the spot fine for you. The service provider may also face an escalating fine that varies from about £200 for the first offence and can rise to £2,500 for frequent offenders. In extreme cases the service provider may have his/her licence revoked and be forced to close.


Any other tips?

Aside from controls over where you can smoke, you'll need to be careful about how you dispose of your fag end. Both ash from a cigarette as well as the butt are litter and, if you're caught, you'll be subject to an on the spot fine of £50. Most town centres have stub plates on top of the litter bins; use those and dispose of your fag end in the bin. Alternatively bring a pocket ashtray with you, or buy one at any decent tobacconist for a couple of quid.

There have been a very few very isolated cases of verbal and physical assaults against smokers. Always use your best judgment, especially after dark, and never hide away in an isolated corner. Lots of light and lots of people are your best defence against this very rare problem.

If I want to let you know of places in my country that cater for smokers, how can I do that?

Simply e-mail full details to lg@stx6.com and your entry will appear in the next revision
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