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Smoke free enforcement

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Dear Wirral Metropolitan Borough Council,

As WBC are now actively enforcing smoke free legislation using Kingdom can you please answer the following questions:
1. As the law has been in place for over a decade but has only recently begun to be actively enforced on Wirral can you please advise how business and members of the public have been advised. Can you provide details of any advertising campaigns, or signage to inform the public.
2. With regards to 'substantially enclosed spaces' can you please advise the proportions of enclosures that would make them 'substantially enclosed' as a percentage (eg 60% enclosed, 40% open).
3. With regards to smoking in works vehicles, what is the accepted proof of innocence whereby (for example) a sole trader, who is the only user of a works vehicle, is incorrectly fined for smoking in the vehicle. Is the onus on him to prove he is the only user (even if he is alone when fined) or is the onus on Kingdom to prove other people use or travel in the vehicle.
4. Again with regards to smoking in works vehicles, when someone is fined in a works vehicle (for example a council van) what is the follow up with the company/department? I have been told of a number of incidents whereby Kingdom staff when issuing FPNs for this offence has told the offender if they pay at the reduced rate within 14 days "your boss doesn't need to know". Surely the company has a duty of care and should always be advised?
5. Finally, if a Kingdom operative is driving and spots someone driving a works vehicle and smoking are they authorised to follow their vehicle? Yes or No.

Yours faithfully,

Claire Davidson

Dalton, Chelsea, Wirral Metropolitan Borough Council

Good afternoon Ms Davidson,

 

With regards to your recent request for information, please see the
answers below. I have highlighted these in red for your assistance.

 

As WBC are now actively enforcing smoke free legislation using Kingdom can
you please answer the following questions:

1.                  As the law has been in place for over a decade but has
only recently begun to be actively enforced on Wirral can you please
advise how business and members of the public have been advised. Can you
provide details of any advertising campaigns, or signage to inform the
public.

Wirral Council sent letters and a business waste advice leaflet in October
2018 to all businesses registered with Business Rates. Not receiving the
Council’s notification or acting on the advice given does not absolve
businesses from compliance with the requirements of the Waste Duty of
Care, Environmental Protection Act 1990.

 

2.            With regards to 'substantially enclosed spaces' can you
please advise the proportions of enclosures that would make them
'substantially enclosed' as a percentage (eg 60% enclosed, 40% open).

Above 50% enclosed

 

3.            With regards to smoking in works vehicles, what is the
accepted proof of innocence whereby (for example) a sole trader, who is
the only user of a works vehicle, is incorrectly fined for smoking in the
vehicle. Is the onus on him to prove he is the only user (even if he is
alone when fined) or is the onus on Kingdom to prove other people use or
travel in the vehicle.

The onus is on the Owner of the vehicle to prove he is the only person who
travels in the vehicle at any time

 

4.            Again with regards to smoking in works vehicles, when
someone is fined in a works vehicle (for example a council van) what is
the follow up with the company/department? I have been told of a number of
incidents whereby Kingdom staff when issuing FPNs for this offence has
told the offender if they pay at the reduced rate within 14 days "your
boss doesn't need to know". Surely the company has a duty of care and
should always be advised?

Upon reviewing the many pieces of footage we have never observed an
officer tell the offender that the boss doesn’t need to know if they pay
within 14 days. The council are not obliged to inform the  employer.

 

5.            Finally, if a Kingdom operative is driving and spots someone
driving a works vehicle and smoking are they authorised to follow their
vehicle? Yes or No.

It is not Kingdoms policy to follow vehicles. However if they see someone
smoking in a vehicle and see where this vehicle stops then they will
continue with their duties

 

I trust you are satisfied with the response provided.

 

Yours faithfully,

 

Chelsea Dalton

Information Management Officer

Business Management

Treasury Building

Argyle Street

Birkenhead

Wirral

CH41 1AH

Tel: 0151 691 8397

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