A new law banning smoking near hospital buildings has come into force.
It’s now an offence to smoke within 15 metres of all NHS hospital buildings in Scotland.
This includes awnings, canopies, or any other overhanging structures connected to a hospital building, even if they extend further than 15 metres from a hospital building.
But there’s already been strong views and questions from locals, NHS staff and a smoker’s lobby group.
What’s being said and how will the new ban work?
From today (Monday September 5), a new hospital smoking ban starts.
There’s been a smoke-free policy for hospital grounds across Scotland including Tayside and Fife since 2015.
There’s no change to that. But under this new legislation, you can be fined for smoking within 15 metres of any hospital building.
The new law applies to everyone, including staff, visitors, and patients.
What happens if I’m caught?
You could face:
- a fixed penalty notice of £50
- a £1,000 fine if taken to court.
How will I know where not to smoke?
There will be signs, posters and leaflets displayed. Information has been added to patient appointment letters and there will be posts on social media.
NHS Fife will also use hospital TV screens to convey the message.
And outside Ninewells Hospital in Dundee there are tannoy announcements warning ‘NHS grounds are smoke-free’ every few minutes.
Charity Ash Scotland says the move will protect people from the harms of tobacco at hospital entrances, and also when smoke wafts into windows and vents.
Chief executive Sheila Duffy says: “(This ensures) hospital patients do not face unnecessary additional risks to their health caused by inhaling harmful substances.”
‘Another wasted exercise’
On the first day of the new law, a member of NHS Fife staff at Kirkcaldy’s Victoria Hospital tells us people don’t seem to be obeying it.
She says: “This is another wasted exercise and it’s not going to work.
“I saw a man smoking near the front entrance of the hospital and nobody did anything.
“He was right beside the poster!
“I don’t understand how it’s going to be enforced – staff already have enough to do.”
And at Dundee’s Ninewells Hospital there were strong views on the new law.
‘I wouldn’t pay it’
Christina Townsley, 57, from Perth says: “I think the fine is ridiculous and wouldn’t pay it. They’re trying to rule folks’ lives.
“It’s just another example of telling us what to do and trying to control our lives.”
Christina added: “I’m here getting tests. There are lots of others like me who are nervous or stressed and want to smoke.
“I’m away from the front door and I’m outside! I won’t be paying a fine.”
Couple Kye, 23, and Elena, 28, both smokers, from Blairgowrie agree.
Kye says: “Elena was moved on this morning from smoking outside the hospital so we’ve come further up the path.
“We’re outside and not beside people here so I can’t see the problem,” says Elena. “The £50 fines are unlikely to work as people probably won’t pay them anyway.”
‘The fines are right’
A non-smoker sitting in the area where others were smoking says: “I’m just waiting here as my husband had just been admitted. I think introducing the fines is right.
“It is a hospital and smoke can bother other people.”
John, 27, visiting the hospital from Derry says: “I think it’s fair enough having the fines, it’s a hospital after all. But I don’t think anyone will pay them.
“And you have to think about people who might have had bad news or waiting for results, it doesn’t seem right stopping them smoking. At my local hospital you have to cross the road away from the hospital to smoke.”
‘I’d think twice’
Pamela, 29, from Broughty Ferry is a volunteer as Ninewells.
She says: “Nobody will pay fines probably. But it would make me think twice about vaping near the door as I can’t afford to pay it.
“It’s unfair for patients who might be under stress or not mobile though, as ward staff might have to push them further or not allow them out.”
Simon Clark, director of the smokers’ lobby group Forest, adds the new law is “disappointing”.
“It discriminates against patients with mobility issues who may find it difficult to walk the extra yards to enjoy a comforting cigarette.”
‘Bigger and more urgent problems’
Simon also raises the question of enforcement.
“Surely the NHS has bigger and more urgent problems to address than someone smoking a cigarette in the open air outside a hospital building?
“Given there is no evidence that smoking in the open air is a significant health risk to non-smokers the new law seems like a sledgehammer to crack a nut.”
How is it being enforced?
The Scottish Government says it wants anyone smoking in the perimeter area to be reported to a member of hospital staff.
NHS Tayside confirms environmental health officers from the council are responsible for this new legislation.
Dundee City Council confirms it’s “liaising” with NHS Tayside over the operation.
NHS Fife says: “If you are found smoking with 15 metres of a hospital building and are asked to stop, please do so right away and remain courteous to those reminding you of the no-smoking law.”
Fife Council’s safer communities team manager Tricia Spacey says: “We’ll be working with NHS colleagues to help raise awareness of the new legislation.
“Any enforcement will be done in the same way as we currently enforce the ban on smoking in enclosed public spaces.”
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