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The law says that the smoking ban covers public places that are "substantially enclosed". My local railway has imposed a soking ban on all parts of the railway (including th platforms which are open to the elements). Can they do this?

2007-07-02 10:22:44 · 14 answers · asked by Paul H 2 in Politics & Government Law & Ethics

The issue is a legal one. If the train company "bans" smoking on their platforms and I smoke - under which law can they prosecute me?

2007-07-02 10:33:41 · update #1

14 answers

It doesn't matter what they do or don't do - it's nothing to do with them. Railway station platforms are defined as a workplace under the recent legislation so smoking is banned. It doesn't matter if the railway company doesn't want to ban smoking on their platforms, any more than it matters if a pub owner doesn't want to ban smoking in his pub or a company manager wants to allow smoking in his offices. It is not a legal question as far as they are concerned. They don't have the power to "ban" or "allow" smoking. It's not their choice. They won't be prosecuting you, and the nature of the law banning smoking is irrelevant to them. If they allow you to smoke on the platform they are looking at a fine of £2500 per offence - and you'll be fined a fast £50 for pushing your luck. The legislation under which they (and you) will be fined is the Health Act 2006 (Part 1 : Smoking). See http://www.opsi.gov.uk/acts/acts2006/ukpga_20060028_en.pdf for unbelievably tedious detail.

2007-07-02 11:21:41 · answer #1 · answered by Anonymous · 1 0

I'm in Scotland which has had the ban for a while. Lots of folk smoke at my local station.

2007-07-02 17:31:38 · answer #2 · answered by lix 6 · 0 0

Yes our local station has been non smoking for a long time.

2007-07-02 17:26:11 · answer #3 · answered by Anonymous · 0 0

Yes as although it may not been illegeal any company reserves the right to prevent smoking on their premesis if that is their wish to do so.

2007-07-02 17:28:39 · answer #4 · answered by Gemma xxx 3 · 0 0

I think all the pot smokers in America should fire up on a given day in public .
Let the courts try and arrest millions .

2007-07-02 17:26:15 · answer #5 · answered by Anonymous · 2 0

Its their station and they can designate any of it to be non smoking I'm afraid. Similarly if you went to a friends house and they asked you not to smoke - its their house and they have asked you not to.

2007-07-02 17:31:35 · answer #6 · answered by whycantigetagoodnickname 7 · 0 0

No, you cannot, all platforms and station buildings have been designated as 'no smoking' areas.

2007-07-02 17:26:16 · answer #7 · answered by Anonymous · 1 0

You can spontaneously combust but not smoke a little.
This is a result of over educating the brainless and then letting them rule us.

2007-07-02 17:48:05 · answer #8 · answered by Anonymous · 0 1

Yes they can, it is their work place of course

2007-07-02 17:26:46 · answer #9 · answered by The_Informer 4 · 1 0

You,d better ask the politically correct brigade, they are the ones who tell us what we can and cannot do.

2007-07-02 17:29:49 · answer #10 · answered by osprey 4 · 0 1

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