Smoking

Dear Sir/madam

I acknowledge receipt of your request which is receiving attention.

I shall contact you again when I am in a position to respond more fully to
your request.

Yours sincerely

Angelene Kirkpatrick

For Freedom of Information Co-ordinator

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

Working from home

Please contact via email

From: Ewan <[FOI #1205675 email]>
Sent: 19 November 2024 09:41
To: FOI Request <[North Lanarkshire Council request email]>
Subject: Freedom of Information request - Smoking

[You don't often get email from [1][FOI #1205675 email]. Learn why this is important at [2]https://aka.ms/LearnAboutSenderIdentific... ]

ALERT: This email is from an EXTERNAL source - Proceed with caution. Evaluate the risks before opening any links or attachments, or providing any credentials.

Dear North Lanarkshire Council,

“The Prohibition of Smoking Outside Hospital Buildings (Scotland) Regulations 2022”

Namely:

1- the number of fixed penalty notices issued and paid for offences of smoking within the 15m zone of a hospital across your council area, and (if data is held) Scotland since this legislation became active?

2- the number of prosecutions across your council area, and Scotland as a result of this legislation since it became active?

A breakdown of these FPNs and prosecution figures by geographical area, sherriffdom or health board would be greatly appreciated also.

Yours faithfully,

Ewan Pow

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[3][FOI #1205675 email]

Is [4][North Lanarkshire Council request email] the wrong address for Freedom of Information requests to North Lanarkshire Council? If so, please contact us using this form:

[5]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:

[6]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:

[7]https://www.whatdotheyknow.com/help/ico-...

[8]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

show quoted sections

Dear Mr Pow

Request for Information

I refer to your email dated 19 November 2024 seeking information under the
Freedom of Information legislation.

Having investigated, my response to your 2 enquiries is as follows:

Question 1

No fixed penalty notices have been issued by North Lanarkshire Council and we do not hold data outwith our own jurisdictional area.

Question 2

No reports have been submitted by North Lanarkshire Council for the consideration of the Crown.  As advised above, we can only respond in respect of our own jurisdictional area.  With regard to the rest of Scotland, information of this nature may be available from the Crown Office & Procurator Fiscals Service (COPFS) at [1][email address]

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can within forty working days require a review of that decision
by writing to the Chief Officer (Legal and Democratic), Civic Centre,
Windmillhill Street, Motherwell ML1 1AB.  Accordingly, if you are
dissatisfied with this decision and seek such review please write to the
Chief Officer (Legal and Democratic). 

I would advise, also, that in terms of Section 47 of the Act a person who
is dissatisfied with a notice given by the local authority under Section
21 of the Act - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Act.  Such an application must be made within
six months of the review decision and be in writing or in another form
which, by reason of it having some permanency is capable of being used for
subsequent reference. The application must state the name of the applicant
and provide an address for correspondence. The application must also
specify the request for information to which the requirement for review
relates, the matter which gave rise to the applicant’s dissatisfaction
with the original decision of the local authority and the matter which
gives rise to the applicant’s dissatisfaction with the decision on review
by the local authority or the failure of the local authority to issue such
a decision.  The Scottish Information Commissioner can be contacted as
follows:- 

Scottish Information Commissioner 

Kinburn Castle 

Doubledykes Road 

St. Andrews 

KY16 9DS 

email: [2][email address] 

Appeals to the Scottish Information Commissioner can also be made online
via the following link: - 

[3]www.foi.scot/appeal 

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know. 

Yours sincerely

Angelene Kirkpatrick

For Freedom of Information Co-ordinator

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

Working from home

Please contact via email

From: Angelene Kirkpatrick
Sent: 20 November 2024 07:48
To: Ewan <[4][FOI #1205675 email]>
Subject: RE: Freedom of Information request - Smoking

Dear Sir/madam

I acknowledge receipt of your request which is receiving attention.

I shall contact you again when I am in a position to respond more fully to
your request.

Yours sincerely

Angelene Kirkpatrick

For Freedom of Information Co-ordinator

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

Working from home

Please contact via email

From: Ewan <[5][FOI #1205675 email]>
Sent: 19 November 2024 09:41
To: FOI Request <[6][North Lanarkshire Council request email]>
Subject: Freedom of Information request - Smoking

[You don't often get email from [7][FOI #1205675 email]. Learn why this is important at [8]https://aka.ms/LearnAboutSenderIdentific... ]

ALERT: This email is from an EXTERNAL source - Proceed with caution. Evaluate the risks before opening any links or attachments, or providing any credentials.

Dear North Lanarkshire Council,

“The Prohibition of Smoking Outside Hospital Buildings (Scotland) Regulations 2022”

Namely:

1- the number of fixed penalty notices issued and paid for offences of smoking within the 15m zone of a hospital across your council area, and (if data is held) Scotland since this legislation became active?

2- the number of prosecutions across your council area, and Scotland as a result of this legislation since it became active?

A breakdown of these FPNs and prosecution figures by geographical area, sherriffdom or health board would be greatly appreciated also.

Yours faithfully,

Ewan Pow

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[9][FOI #1205675 email]

Is [10][North Lanarkshire Council request email] the wrong address for Freedom of Information requests to North Lanarkshire Council? If so, please contact us using this form:

[11]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:

[12]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:

[13]https://www.whatdotheyknow.com/help/ico-...

[14]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

show quoted sections