Compliance Approach
Between 1 July and 1 December 2007 Hackney Officers carried out over 2000 smokefree compliance checks at premises within Hackney.
In terms of dealing with non-compliance during the above period we have had to follow the guidance issued by LACORS ‘Implementation of the smokefree legislation in England’ and Hackney’s Environmental Health Enforcement Policy.
Section 3 of the LACORS guidance, ‘Overall approach and enforcement policy’ states:
‘Initially an educational, advisory and non-confrontational approach should be taken, both before and for a period of time after the legislation comes into force. Subsequently, it will become apparent which businesses are making efforts to comply and which are not.
‘Where non- compliance is due to misunderstandings or a lack of diligence, then further information, advice and guidance can be provided. However, where it is evident that serious efforts are not being made to comply, or the attitude is un-cooperative or antagonistic, then a decision to take enforcement measures should be considered.
‘It is likely that enforcement actions will attract publicity and public attention and it is recommended that each decision on enforcement action should be properly considered and with clear justification. Where a person is determined to flout the law a robust response will be appropriate.’
In Hackney for the period 1 July to 1 December 2007 (5 months) we took an advisory and non confrontational approach.
Where premises were non compliant in terms of signage, no smoking signs have been given and the person present has been verbally advised of the no smoking signage requirements. The compliance rate for signage in Hackney for the above period was over 85%.
Where smoking was detected in a smokefree premises or smoking was suspected verbal advice has been given to the person present. The compliance rate for smokefree compliance in Hackney for the above period was over 99%.
LACORS guidance, Section 8 ‘Enforcement action’ lays down the enforcement options available to regulatory officers.
From 1 December 2007 some revisits will take place to premises that were non compliant during the initial 3 month period, and when determining appropriate enforcement action Hackney will have regard the of the LACORS guidance. Compliance visits will also continue to take place at premises as yet unchecked in terms of smokefree compliance. Premises will be checked during specific smokefree visits and when authorised officers are carrying out other routine work.
From 1 December 2007 our compliance approach will be as follows:
Page 23 of the LACORS guidance is Figure 1, an enforcement flowchart for failing to display correct no-smoking signs.
A written warning letter has been prepared for issue in accordance with the flowchart.
A Fixed Penalty Notice (FPN) has been prepared for failing to display correct non-smoking signs for issue in accordance with the flowchart.
Page 24 of the LACORS guidance is Figure 2, an enforcement flowchart for smoking in a smokefree place.
A FPN has been prepared for smoking in a smokefree place for issue in accordance with the flowchart.
Page 25 of the LACORS guidance is Figure 3, an enforcement flowchart for failing to prevent smoking in a smokefree place.
An initial written warning letter has been prepared for issue in accordance with the flowchart.
A final written warning letter has also been prepared for issue in accordance with the flowchart.
Following non compliance with an FPN, or in the case of failing to prevent smoking, the final written warning, we will consider legal proceedings. In determining whether to begin legal proceedings we will have regard for Hackney Enforcement Policy. There is a statutory limitation of six months for undertaking summary proceedings. The six month begins from when the offence occurred and not from when the FPN is served.
If it is evident that serious efforts are not being made to comply with the law, or there is a blatant disregard for the law, the Council may immediately take a robust approach and consider formal enforcement measures right away.
Page updated: 15 Jun 2010
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