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  1. #1
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    Default SMOKING- Got a warning, is it fair?

    Got a warning this morning off an enforcement officericon for smoking on the station platform as I was waiting for the train.

    This platform however, is not covered or enclosed, it is completely open.

    The officer advised that the law applies to platforms as though they were enclosed spaces.

    I have tried looking for the legislation but cannot find any reference to this.

    Northern Rail have also now puit signs up stating that it is illegal to smoke on any of their premises.

    Can anyone advise where I can find confirmation of this.

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  2. #2
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    Default Re: SMOKING- Got a warning, is it fair?

    strange really, because it is privately owned, they did not even need the new law to bring it into force.

    they own it, if they say you cannot smoke, you cannot smoke. fullstop.
    you are on their premesis.

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  3. #3
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    Default Re: SMOKING- Got a warning, is it fair?

    but does that make it 'illegal'.

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    Default Re: SMOKING- Got a warning, is it fair?

    smoking is disgusting anyway. Just putting ureself in the ground a lot quicker


  5. #5
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    Default Re: SMOKING- Got a warning, is it fair?

    Quote Originally Posted by dori2o View Post
    Got a warning this morning off an enforcement officericon for smoking on the station platform as I was waiting for the train.

    This platform however, is not covered or enclosed, it is completely open.

    The officer advised that the law applies to platforms as though they were enclosed spaces.

    I have tried looking for the legislation but cannot find any reference to this.

    Northern Rail have also now puit signs up stating that it is illegal to smoke on any of their premises.

    Can anyone advise where I can find confirmation of this.
    They are correct.

    My husband works for Southern, and all staff got given guidelines about enforcing the ban on ALL railway property, and that includes platforms.

    Apologies to people who I was in the process of helping, I may be gone some time.

  6. #6
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    Default Re: SMOKING- Got a warning, is it fair?

    ....which of course is ridiculous.

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  7. #7
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    Default Re: SMOKING- Got a warning, is it fair?

    Depends from whose angle. From the point of view of the people on either side who don't smoke, the staff who get lungfuls as they stand there (and no, they can't move away if they're in the process of dispatching), and simply the people who prefer less litter on the floor rather than more, rather sensible, actually. ;-)

    Apologies to people who I was in the process of helping, I may be gone some time.

  8. #8
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    Default Re: SMOKING- Got a warning, is it fair?

    Quote Originally Posted by dori2o View Post
    but does that make it 'illegal'.
    interesting point, you need to know if specifically train platforms are listed under the new law which i think they are.

    if not, then [because it is a private co.] surely they cannot fine you. [which they do not mention on the notice?]
    so thus it cannot be a criminal offence? so thus not illegal?

    however they can still impose the ban or ask you to leave/ban you from their property.
    however, take it the otherway if my theory is correct.
    you def cannot smoke on trains and for that you can be fined, so what is the diff if it is the platform other than it is not 'enclosed'

    i'm not up on this as it does not concern me. [even though i smoke! i am luckythat i am not a slave to it]

    might do some reading though as you have got me thinking.

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  9. #9
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    Default Re: SMOKING- Got a warning, is it fair?

    Smoke Free Stations
    Using existing by laws railway companies will be extending the ban on smoking in enclosed public spaces to all uncovered platforms and stations.

    The widespread smoking ban comes in on 1stJuly. Smoking will be prohibited on all station concourses, ticket halls, platforms – covered and uncovered - and footbridges and subways. This will affect all 1,900 railway stations in England and also applies to railway offices -station offices, canteens and workplace areas which are covered by the legislation. However, smoking will still be permitted on most station forecourts and in (uncovered) station car parks.

    Says George Muir,Director General of ATOC, ‘The new law will lead to a cleaner smoke-free environment at all of Britain’s 2,500 stations. Smoking has been prohibited on trains for some years, and the railways are now playing their part to comply with smoke-free legislation that has been broadly welcomed in Scotland and Wales.’


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  10. #10
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    Default Re: SMOKING- Got a warning, is it fair?

    well done glad someone had the time to find it
    i also, [but dont know why] got a PM which quotes this:

    4 Additional smoke-free places
    (1) The appropriate national authority may make regulations designating as smoke-free any place or description of place that is not smoke-free under section 2.
    (2) The place, or places falling within the description, need not be enclosed or substantially enclosed.
    (3) The appropriate national authority may designate a place or description of place under this section only if in the authority's opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.
    (4) The regulations may provide for such places, or places falling within the description, to be smoke-free only-
    • (a) in specified circumstances,
    • (b) at specified times,
    • (c) if specified conditions are satisfied,
    • (d) in specified areas,

    so there we go.

    all answered
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  11. #11
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    Default Re: SMOKING- Got a warning, is it fair?

    I think you will find that the Train Operators have banned smoking on platforms using their powers under the Railway Byelaws rather than the new Act. Consequently the platform need not be covered.


  12. #12
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    Default Re: SMOKING- Got a warning, is it fair?

    yep seems that way as studentindebt showed us [top line] so my initial theory was correct, they could have done it at anytime they wanted. but now people can be fined for it, where as before the rail co's would of only of had the power of banning someone . bit like night clubs really.
    when you are getting leary through drink.

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  13. #13
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    Default Re: SMOKING- Got a warning, is it fair?

    Where will the madness stop? I am a non-smoker (an ex-smoker too, so I am actually worse) but come on - if you are outside what is the problem.

    Our local hospital has even banned staff who give other staff members a lift from smoking in their own cars - okay if they have another staff member in the car at the time, fair enough, but if they use their car for a car sharing scheme, they've been told they cannot smoke in their car at all!! Bull**** I know, probably wouldn't stand legally but it just shows, give some people an inch...


  14. #14
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    Default Re: SMOKING- Got a warning, is it fair?

    Quote Originally Posted by weegirl View Post
    Our local hospital has even banned staff who give other staff members a lift from smoking in their own cars - okay if they have another staff member in the car at the time, fair enough, but if they use their car for a car sharing scheme, they've been told they cannot smoke in their car at all!!
    If the car sharing is simply for commuting to/from work, then this may well be interesting if they try disciplinary action as travel to/from work is not a business journey. If it is not a business journey , then the vehicle is not a place of work.


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    Default Re: SMOKING- Got a warning, is it fair?

    Its not a business vehicle so its not under the new laws, its probably more of a suggestion LoL a stupid one really as im sure people who get the lifts dont moan.

    As for the opening post, yes it is now banned from train platforms.


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    Default Re: SMOKING- Got a warning, is it fair?

    Quote Originally Posted by weegirl View Post
    Where will the madness stop? I am a non-smoker (an ex-smoker too, so I am actually worse) but come on - if you are outside what is the problem....
    If you'd read my post properly, you would know what the problem is. My husband works for the railway, and while he dispatches, or has to stand there helping people, he used to get lungfuls of smoke at close quarters. Why should he be put at risk at his place of work?

    If you're the one stuck next to the smoker on a busy platform, being outside doesn't help, you're still exposed to the smoke, and exposed to the risk of getting your clothes or skin burnt. Simple as that.

    Apologies to people who I was in the process of helping, I may be gone some time.

  17. #17
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    Default Re: SMOKING- Got a warning, is it fair?

    Look I really deteste smoking (working in a betting shop will do that to a person!), but I agree that the platform situation seemed a little strange. Have you felt how OUTSIDE some train stations are? They're normallly freezing because they're SO open.

    I do think smoking is dangerous but not as deadly as the legislation seems to suggests. I'm not going to be felled by walking past somebody who is smoking.

    Another anomaly, to some extent, is that two people in a car (during the course of work) who smoke cannot both agree to smoke. I suppose the purpose of this is to protect those who may feel compelled to agree that smoking be permitted.

    I welcome the vast majority of this piece legislation BUT I can see how it gives some people ammo to argue that we have to many laws. At least this law is clear and enforcable, unlike the ban on using mobile phones while driving - I've not seen anyone get pulled up for this offence, though I have seen MANY people doing it!


  18. #18
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    Default Re: SMOKING- Got a warning, is it fair?

    [quote=Bookworm;980135]If you'd read my post properly, you would know what the problem is. My husband works for the railway, and while he dispatches, or has to stand there helping people, he used to get lungfuls of smoke at close quarters. Why should he be put at risk at his place of work?

    I actually DID read the post properly, and I really cannot disagree more with your 'I've got the moral highground' attitude.

    Risking getting clothes and skin burned? Do you know how ridiculous and cantankerous that sounds??? As an ex 40-a day addict for nearly 20 years, I can honestly say I never burnt anyone, and getting burned by a smoker was a very rare thing indeed. I did get burned once, by a friend - which was my fault as I was blind drunk at the time in a packed nightclub. Lets get a grip here, this is hardly a sufficient risk. Sounds to me like you are grasping to enforce your arguement.

    He is still outside, NOT in an enclosed space. He doesn't have to stand directly beside someone who is smoking (and to get a lungful of second hand smoke when the smoker is outside, that's what you would have to do, stand right beside them and do your best to chase it). Sounds to me like you are being awkard and picking a fight.

    It is beyond me why you are took my comments personally anyway, I wasn't even referring to your post. But now you have brought it up, I would like to say that if people want to smoke, it is their right if they are not doing it in an enclosed space. I think we have enough laws in the UK telling people what they should eat, drink etc. As pointed out by indebtstudent, this is just another excuse to push the boat out. This was the whole point of my post it was NOT a response to yours.


  19. #19
    ArthurP
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    Default Re: SMOKING- Got a warning, is it fair?

    What a ridiculous jobsworth.

    What about the stinking diesel being ommitted by filthy trains?

    And I bet the enforcement officericon got into his car when he finished his working day and polluted the air, and people, whilst at the same time lecturing about harmful emissions.

    Claptrap.


  20. #20
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    Default Re: SMOKING- Got a warning, is it fair?

    If you want to smoke in train stations and anywhere else then become French and go to France where they do what they want and don't care about anyone else or the law and where the police can't be bothered to enforce very much at all unless it involves beating up or torturing non-indigenous French citizens in which case they are all for it.
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