Bosses should ring 999 to enforce smoking ban

The government guidance is being issued to deal with anyone flouting the law at work, in pubs and other public venues from 1 July.

The advice to ring 999 was branded "heavy-handed today.

It came after the following steps were published on the official Smokefree England website:

If an individual is breaking the ban,managers should initially point out no-smoking signs and ask the person to stop smoking or go outside.

Smokers should then be told they are breaking the law, and so is the boss, and they both risk being fined.

If this fails to persuade the person to stub it out, bosses should stress that the ban is to protect employees from the harmful effects of secondhand smoke.

Afterwards, managers should, if necessary, use the company's disciplinary procedure to enforce the ban and keep a record of the incident.

If while these actions are being taken, the worker threatens physical violence, bosses should get in contact with the police.

For customers, rather than employees, managers should follow the first two steps, then explain they will be refused service and asked to leave.

MPs criticised the advice and warned against a flood of 999 calls by companies struggling to impose the new rules.

John Miskelly, chairman of the Police Federation in Surrey, said: "Most bosses manage to deal with conditions of work and pay issues for their employees without having to call the police.

One would hope this would be the same for the smoking ban. "The police are criticised for not concentrating on catching rapists and murderers. I'm sure the public wants us to be catching criminals rather than enforcing the smoking ban.

Conservative shadow health secretary Andrew Lansley said: "The last thing we need is police involvement. Responsibility lies with the individual and environmental health officers.

"The smoking ban will work so what we need is to start with selfenforcement instead of involving heavy-handed intervention.

Individuals who flout the ban will face a £50 fine, £30 if they pay within 15 days, or up to £200 if their case goes to court.

Firms could be fined £2,500 if convicted of failing to stop people lighting up on their premises.

A Department of Health spokesman insisted that physical violence had not been an issue when smoking bans were introduced in other countries.

He added: "Experience from Ireland and Scotland has been that the smoke-free legislation is well observed, welcomed and largely self-enforcing.

"However, should an instance occur, as with any instance of a threat of physical violence or actual physical violence it would be entirely normal procedure to involve the police as the appropriate authority.