The indoor smoking ban...at the bus stop!

Jan 4 2008 by Sam Casey, Huddersfield Daily Examiner

The indoorsmokingban inaction... at thebus stop!

A BUS shelter smoking ban has no legal foundation, transport company Metro has admitted.

A sign at the Water Street shelter, in Brighouse, near the Tesco supermarket, warns waiting passengers not to light up – claiming it is illegal.

It says: “It is against the law to smoke in these premises.”

But a Metro spokesman admitted the warning was completely unfounded and said it was likely the sign would be removed.

He said: “It appears to have been put there by someone who was being over-zealous.”

He said Metro would be in touch with Adshel, which installs and maintains bus shelters, about the issue.

The ban on smoking in enclosed or substantially enclosed public places came into force in England and Wales on July 1 last year.

It makes it illegal to light up in public buildings as well as temporary structures like tents and marquees that are there for public use.

The Brighouse bus shelter does not apply because it is open to three sides.

Campaign group Forest (Freedom Organisation for the Right to Enjoy Smoking Tobacco) condemned the bus shelter sign.

Spokesman Neil Rafferty said: “Whoever owns bus shelters has the right to put signs on them telling people not to smoke, but there is absolutely no reason for it and it has nothing to do with the smoking ban.

“There is no danger to anyone stood at a bus stop from anyone else who may be smoking.

“They are taking advantage of the current anti-smoking hysteria that has been brought on by the ban.

“This is about petty little bureaucrats thinking they can victimise people who smoke.

“More and more authorities are taking the opportunity to restrict smoking wherever they want, when what they are there to do is to serve the public.”

Under the smoking ban law, public spaces are considered enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.

Substantially enclosed public spaces are those that have a ceiling or roof, but have an opening in the walls which is less than half of the total areas of walls.

The area of the opening does not include doors, windows or any other fittings that can be opened or shut.