The Tobacco Act (1983) states that smoking is prohibited on public transport, and in all enclosed public places including schools, hospitals, shops, banks, waiting rooms, communal premises in housing, and conference facilities. Separate smoking areas may be designated in certain circumstances. Smoking is also prohibited in schoolyards and other outdoor areas for children. Hotels must offer smoke-free rooms. Employers are obligated to ensure that workers are not involuntarily exposed to environmental tobacco smoke in the workplace.
An amendment to the Tobacco Act took effect on June 1, 2005, when all restaurants, caf’s, bars and nightclubs became smoke-free. The amended legislation also applies to all other enclosed places serving food and drinks. The regulation also covers establishments with dual activities, such as restaurants with dance-floors.
The legislation allows for the possibility of setting up smoking rooms. Such rooms may only take up a small part of the establishment, and must be located so as to ensure that patrons do not have to pass through them. Employees should only have to make brief visits to smoking rooms to empty ashtrays, for example. Food and drink may not be taken into smoking rooms. More detailed regulations on the design and ventilation of smoking rooms have been issued.
ASH Scotland
