Councils urged to take 'softly softly' approach on smokers after July 1

Jun 27 2007 BY Robert Merrick, Liverpool Daily Post

MERSEY councils were urged last night to adopt a softly-softly approach by only fining "smoking martyrs" in the early days of the looming ban in pubs and restaurants.

Health minister Caroline Flint said that local authorities should show try and use "common- sense" by simply having a quiet word with smokers who light up by mistake.

Just two people have been prosecuted since a ban was introduced in Scotland in March 2006 – and ministers hope for a similarly low total in England after July 1.

Speaking to the Daily Post, Ms Flint said: "If someone lights up, they should be reminded of the change and, hopefully, they will put out the cigarette, or go outside.

"We are saying to councils ‘Don’t come down on them like a ton of bricks and immediately issue that person with a fixed penalty notice’.

"There may be some smoking martyrs, but it is only when people are flagrantly breaking the law that matters should be taken further, as a last resort.

"In the same way, a business should not be taken to court simply because a no-smoking sign falls off the wall."

However, Ms Flint admitted it was up to individual local authorities whether to go in hard on smokers flouting the ban, adding: "We can’t micro-manage from Whitehall."

Smokers lighting up in public places after Sunday can be fined £50, reduced to £30 if their fixed penalty notice is paid within 15 days.

Businesses can be fined £200 for not displaying signs correctly – and up to £2,500 if they are prosecuted for failing to prevent smokers lighting up on their premises.

With just four days to go, Ms Flint praised the SmokeFree Liverpool campaign, which led attempts to outlaw the habit in all public places.

She said: "There is no doubt that the campaign voiced by Liverpool added to the case for this legislation. All of that helped.

"Already, as I know from visiting Liverpool, there are businesses going smoke-free ahead of July 1, which shows the level of commitment in the city and is a good example to the rest of the country."

Ms Flint did not deny that the Government had been "dragged kicking and screaming" into a ban in all pubs, having originally planned to exempt those not serving food.

It was only when Labour MPs were granted a free vote, in February 2006, that they inflicted a stunning defeat and ensured a total ban.

However, Ms Flint said the advantage was that the Government had not appeared "heavy-handed" – making it easier to win the public’s support.