Confusion clouds ban on bus stop smoking

Smokers run the risk of landing on-the-spot fines of 50 for lighting up at certain bus shelters because they meet the Scottish Executive's definition of "an enclosed space".

But the rules will not apply to many other stops because of their more open designs.

The council said today its wardens and other local authority staff were being instructed to watch out for people smoking in the bus stops where the rules apply.

But the precise nature of the rules means it is practically impossible to tell at some bus stops whether smoking will be permitted or not without getting a tape measure out.

A leading smokers' group today demanded the Executive resolve the confusion by ruling that all bus shelters should be treated the same, bringing in a blanket ban or a total exemption.

Simon Clark, director of pro-smoking choice group Forest, said: "A lot of bus shelters come under the legal category of enclosed, while others do not. To avoid confusion, they need to decide whether smoking should be allowed in bus shelters or not, no matter what size or shape they are.

"With the current rules, smokers are going to have to carry a tape measure with them wherever they go to check whether they are in an enclosed bus shelter or not.

"Whether or not someone is prosecuted could depend on a few inches of wall."

Under Scotland's anti-smoking law, lighting up will be banned in any public area that is either "wholly or substantially enclosed".

The guidelines set out by the Executive state that a "substantially enclosed area" is anything where solid walls make up 50 per cent or more of the perimeter of the structure.

City council leader Donald Anderson admitted there was confusion over the status of bus shelters and said officials were considering whether "No Smoking" notices should be put up in shelters where smoking is banned.

Councillor Anderson said: "One of the things we have to do is make sure there is as much public information as possible.

"That could mean putting up notices in bus shelters telling people if they are not allowed to smoke, which is something we are looking at the moment. I hope if we do put up advisory notices, people will comply with them."

Environmental wardens and council staff will help enforce the ban when it comes into force on March 26. An unspecified number of extra wardens are to be taken on by the council to help enforce the ban. Police will also have the power to fine smokers, but are not expected to enforce the new law.

Maureen Moore, chief executive of anti-smoking group ASH, said: "The reason the legislation is being brought in is to protect people from the effects of second-hand smoke.

"Any enclosed space should have a smoking ban for the sake of public health because the air cannot circulate and people are forced to breathe in smoke - it's the right thing to do to stop people from smoking in them.

"It is quite easy to stand outside the bus shelter if you do want to have a cigarette."

A Scottish Executive spokeswoman said councils would either have to tear down their bus shelters and replace them with ones which conformed with the regulations, or enforce a no-smoking rule.

Health Minister Andy Kerr suggested councils should look to put up no smoking signs in cases where there is confusion.

He said: "Bus shelters are classed as no-smoking premises under the legislation if they are wholly or substantially enclosed, therefore appropriate signage must be displayed if necessary."