28 September 2006 Latest News
Appeal to widen smoke ban rejected

AN ARBROATH councillor’s call for Scotland’s smoking ban to be extended to cover doorways and seating areas outside pubs, cafes and restaurants failed to find favour with MSPs yesterday.

Hospitalfield councillor Peter Neild claims that since the ban came into force on March 26, Angus Council has seen an increase in premises applying to place tables and chairs on pavements to provide outdoor areas for smokers.

He argues that customers have to walk through smoky doorways to enter pubs and restaurants and passing pedestrians are subjected to smoke.

Earlier this year Mr Neild appealed to Angus Council to ban smoking in doorways and seating areas but, after support from the infrastructure services committee, was informed that this would be unenforceable.

He vowed to petition the Scottish Executive on the matter and this petition was backed by 64 people.

In his submission to MSPs, he said, “Smoking in a specific area outside pubs and clubs, which is on a public footpath, encouraged with tables and chairs, is not protecting the health of passers-by.

“It is subjecting pedestrians to passive smoking to a much larger extent than is usual.

“This is being used as a means of pubs and clubs circumventing the Scottish Prohibition of Smoking legislation.

“As the street furniture area is owned by the state but rented to the licensee, any such area should be subject to the smoking ban.”

He adds, “Children and non-smokers are subjected to the smoke and any non-smoker entering such premises has to pass through areas where people are smoking, which I feel is against the spirit of the Prohibition of Smoking Act.”

Councillor Neild’s plan was described as a “step too far” for publicans by Ian Alexander, of Arbroath pub the Corn Exchange.

The petition also failed to win support with MSPs on the committee.

John Farquhar Munro, Liberal Democrat member for Ross, Skye and Inverness West, said, “There’s sufficient legislation already and I don’t think the argument presented justifies it.”

Campbell Martin, independent West of Scotland MSP said there could be problems with crowds of smokers outside pubs.

But he added, “I don’t think what the petitioner is asking for would solve that. I think we have to let the legislation bed in.”

MSPs agreed not to take any action at the moment.