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Smokers bow to the law
Anna Davis, Evening Standard4 Feb 2008
Only six people have been fined for breaching the smoking ban in London since it was introduced last summer.
Research by the Evening Standard has found councils spent almost £3 million on implementing the law.
The money was invested in extra staff patrolling high streets and policing pubs, clubs and other public venues, as well as advertising and running stopsmoking clinics.
Only two boroughs have issued £80 fixed penalty notices and just two businesses have been fined for not enforcing the ban with another three in the process of being prosecuted.
Experts say they are surprised by how compliant the capital's smokers have been with the new law.
Lambeth council has taken one of the toughest stances against smoking in public places. It spent £170,000 and fined five people and one business since the ban came in last summer.
Other councils, such as Barnet and Newham, have spent less than £30,000 each and have not penalised anybody.
A Lambeth spokesman said: "The council took a softly-softly approach in the first couple of months of the ban, concentrating our efforts on working with businesses to help them comply with the law.
"We've been pleased the overwhelming majority of businesses have taken their responsibilities seriously but will take action against those who persistently flout the ban."
Barnet councillor Brian Coleman said: "We are doing the bare minimum of enforcement to ensure compliance. We will respond to complaints but we have better things to do with our time than rush around penalising our residents."
In Enfield, where the council has spent £80,000, enforcement officers have been on "smoking patrols" in an attempt to catch illicit smokers.
In Westminster, the largest licensing authority in the country, only one business is being prosecuted. Hey Jo nightclub in St James's, run by Dave West, has been openly flouting the ban.
Mr West has employed Tony Blair's wife Cherie Booth QC to take his fight to the High Court. Before that, he has to face Westminster City magistrates on 14 May.
The Standard's research also shows:
• In the first five months of the ban London councils sent 24 written warnings to smokers who had been spotted lighting up in public places.
• A total of 490 businesses were given warnings for failing to display the correct "no smoking" signs.
• Another 92 were given written warnings for failing to prevent smoking on their premises. Martin Dockrell, policy manager of pressure group Action on Smoking and Health, said many London councils avoided penalising individuals straight away.
"Only a handful of publicity seekers have been fined. It is working because smokers respect non-smokers in London," he said.
"Compliance has been higher than expected. The only time I have seen anyone smoking where they were not allowed was in Brixton at a Pogues concert in the mosh pit, which is pretty exceptional."
Enfield councillor Terry Neville, who had campaigned for a smoking ban for 20 years, said: "I would have expected a few more people to break the law." Stephen Knight, deputy leader of Richmond council, said: "We spent almost £65,000 on the ban and have not issued any fixed penalty tickets. It is difficult to tell what effect the money had because if we had not spent it there may have been problems.
"The fact we haven't taken action against anyone shows the campaign has succeeded."
All the money spent by councils came from government grants.
SMOKING BAN STATISTICS
Individuals fined/businesses penalised/money spent
Barking & Dagenham: 0, 0, £61,000
Barnet: 0, 0, £30,000
Brent: 0, 0, £3353
Bromley: 0, 0, £50,000
Camden: 0, 0, £268,745
Croydon: 0, 0, £200,000
Ealing: 0, 0, £129,500
Enfield: 1, 0, £80,000
Greenwich: 0, 0, £30,976
Hackney: 0, 0, £120,000
Hammersmith & Fulham: 0, 0, £190,432
Haringey: 0, 2, £84,000.
Harrow: 0, 0, £85,000
Hounslow: 0, 0, £100,000
Islington: 0, 0, £200,000
Kingston-upon-Thames: 0, 0, £20,000
Lambeth: 5, 1, £170,000
Lewisham: 0, 0, £201,666
Merton: 0, 0, £70,511
Newham: 0, 0, £26,700
Redbridge: 0, 0, £120,000
Richmond-upon-Thames: 0, 0, £64,266
Sutton: 0, 0, £82,000
Tower Hamlets: 0, 1, £270,478
Waltham Forest: 0, 0, £100,000
Westminster: 0, 1, £300,000
City of London: 0, 0, £64,344
Reader views (10)
What will be interesting is how businesses are going to react in a couple of months. Its proven to be a negative factor in Clubs and Pubs in Hong Kong which has had its ban on smoking for a while now.
What worries me is to what limits state intrusion has on the public. From drinking coffee in your car to a ban on smoking. Makes me wonder if they will take the salt intake into consideration. What’s going to be next? My money is on a ban on camel kebab meat, or hooded sweaters in public places (or has that been done already?)
- Marcus, London, UK, 05/02/2008 12:10
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I am a non smoker and strongly opposed to the smoking ban in entertainment venues. People should have a right to chose and bar/club owners should be left to decide whether a legal substance is smoked on their premises. Smokers should have rights too and should not be made to stand outside in wet and cold conditions to have a cigarette. Well ventilated bars and clubs minimise the risk of passive smoking. State intrusion is the real issue here. I don’t want to live in a nanny state. What’s next? An alcohol ban? A ban on fast food outlets or all fattening food? Maybe they’ll ban all airborne particles produced by cars, businesses or anything else that may affect air quality. Maybe we’ll all live in sterile bubbles with depleted immune systems scared of everything. We won’t actually live any longer, it’ll just feel like it!
- Gareth, London, 05/02/2008 10:17
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This is a great example of how this country waste money. Based on your figures, London spent £3,816,964 on implementing this smoking ban. Nationally this puts the figure over £100 million to implement, as there are at least 1000 local authorities in the country. You can not tell me that this money could not have been better spent on tackling crime, anti social behaviour etc.
- Kevin White, London UK, 05/02/2008 08:40
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Further to my comment yesterday : This morning one member of the public lit up on the escalator in Canary Wharf and three more were smoking inside the exit (hiding from the rain).
- Matt, London, 05/02/2008 07:56
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If there was an air quality standard set by the HSE (Health and Safety Executive) smokers and non smokers would not be segregated and the air would be cleaner in the pubs than it is outside, as living in inner London is equivalent to smoking about 30 cigarettes a day because of pollution, I cannot see why passive smoke worries anyone in London, I would like to note I worked in Camberwell for four years recently, and was living in Brixton just off Railton road when the riots were on in the mid 80's.
- Greg Burrows, Dewsbury, England, 05/02/2008 00:04
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What a waste of public money, using bully boy tactics and exorbitant fines, no wonder compliance rates have been good, Nick Hogan in Bolton was fined £3000 in fines (for not forcing people to stop smoking, even though the council official said he did not have the power to stop people smoking) and £7400 for costs to the council no wonder people are being compliant it appears the council can charge in costs what they like, councils are there to serve the public and should not be an undercover state police force.
- Greg Burrows, Dewsbury, England, 04/02/2008 23:28
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The bar in the House of Commons is exempt from the ban, which is double standards
- N Greenhill, London, 04/02/2008 16:18
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Canary Wharf Station is another place where the public seem to be free to smoke. Station staff do nothing about people lighting up on the escalators or just inside the exits - when contacted the controller said he wouldn't put his staff at risk by asking them to confront smokers.
- Matt, London, 04/02/2008 14:44
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How miffed these councils must feel at discovering the public can be trusted. Every smoking snooper should be sacked tomorrow. I am sick of all this state intrusion on our lives.
- Howard, London, 04/02/2008 13:21
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Try going to the Underworld in Camden when a gig's on, the toilets are like a pea souper.
- Anon, London, 04/02/2008 12:36
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