Blitz on smoking in public places

Friday, 8 November, 2019

Community Safety Team warns of penalties for non-payment of Fixed Penalty Notices

More than a decade on from the introduction of the ban on smoking in a non-smoking premise*, the Community Safety Team is still issuing Fixed Penalty Notices (FPNs) to people and proprietors flouting the law.

Next month, there will be a period of intensive activity around this issue in an effort to protect the public from exposure to second-hand smoke.

Anyone caught lighting up in a non-smoking premise - which includes work vans, taxis and buses - will be hit with a £50 FPN. This reduces to £30 if paid within 14 days of the FPN being issued and if the fine is not paid, a report goes to Sheriff Officers for the full £50 debt to be recovered.

The owner of the premises can also receive a FPN for allowing smoking or for not having the appropriate signs in place.

Councillor Susan Murray, Vice-Convener of the Place, Neighbourhood & Corporate Assets Committee said, "Despite the well-established smoking ban, we continue to receive reports of the law being broken. Smoking in non-smoking premises such as work vehicles, taxis and buses won't be tolerated and our Community Safety Team will issue FPNs on the spot."

The Team also has powers to issue FPNs to tackle environmental incivilities including:

  • Dropping litter - Offenders receive an £80 FPN
  • Fly-tipping – Offenders receive a £200 FPN 
  • Antisocial behaviour noise – Offenders receive a £100 FPN 
  • Dog fouling - Offenders receive an £80 FPN, rising to £100 after 28 days.

Non-payment of FPNs will result in reports being sent to either the Procurator Fiscal or Debt Recovery. And it is a criminal offence to refuse to provide personal details or to give false information to Authorised Officers from the Community Safety Team in any of the above circumstances.

Councillor Murray, added, "The Community Safety Team does a very important job in tackling nuisance behaviour such as littering, fly-tipping, dog fouling and antisocial domestic noise. These activities blight our open spaces, impact on the appearance of our towns and villages and can have a detrimental effect on the quality of life of residents.

"It is worth remembering that if you receive an FPN, non-payment is not an option as it will be pursued and you will end up paying more in the long run. We have the Procurator Fiscal and Sheriff Officers taking further action on our behalf in cases where there is non-payment.

"Don't ignore an FPN and don't ignore the advice and warnings from the Community Safety Team who are working hard to keep our communities safe, clean and peaceful."

* The prohibition of smoking within a non-smoking premises is covered by the Smoking, Health and Social Care (Scotland) Act, 2005 which came into effect in March 2006.

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