This essay will discuss smoking bans and related laws and their implications upon civil rights and society at large, particularly within the U.K.
The recent introduction of the smoking ban has been before, during and since its inception been an extremely contentious issue amongst political groups, medical professionals, human rights activists, lawyers, businesspeople and the general public alike.
Having heard the opinions of friends and family (who are mostly non-smokers) regarding this issue, the general consensus amongst them is that the law regarding smoking in not only in this country, but in many other places goes too far, impinging upon our (society’s) personal freedoms.
I have been, at one stage or other in my lifetime a non-smoker, a smoker and an ex-smoker.
In Scotland, the Smoking, Health and Social Care (Scotland) Act 2005 has, since its introduction, prohibited smoking in enclosed public areas, including:
“Hotels - the whole premises, including bedrooms, bar areas, dining rooms
Restaurants - all food establishments where diners sit in to eat
Licensed premises - premises licensed for the sale and consumption, on site, of liquor e.g. pubs, clubs, bingo halls.
Other - other workplaces, takeaways, taxis, vehicles, care establishments etc.”[1]
One of the main criticisms leveled at the smoking ban has been the removal of choice from business owners whether or not to allow the smoking of tobacco on their premises.
Since the legislation was enacted, there has been a steady nationwide decline in the revenue of licensed premises.
This is most pronounced in pubs where the ban, combined with rising alcohol tax, has all but driven the 13 million smokers in the U.K. away from their local, resulting in large numbers of closures and consequent job losses.
According to ‘The Publican’;
“40 pubs a week are currently closing..... with smokers being moved outside, the