New Smoking Laws - Can you smoke on a fire escape?

[CathH]

Can you smoke on a fire escape?

I have been told that it is ok to stand on a fire escape to smoke.
The fire exit is on the first floor, at the back of a room in a club and people seem to think that as long as they are standing a couple of steps down this is ok?

I would have thought this was blocking the escape route. does anyone have any legilsation on this please?

Thanks in advance
CathH

[Ethel]

They are hardly blocking the fire escape - I assume they are fit and able and if there were to be an emergency they would continue down the stairs.

Legislation refers to an escape route being blocked by goods and items that would physically need to be moved to allow access, and locked or otherwise obstructed doors.

Having said that - there is no right to smoke on premises other than your own property. The owner can ban smoking completely, or limit smoking to a particular outdoor area.

[loonytunes]

If you live in the vicinity of the premises, you can ask the Licensing Authority (the Council) a review of their Premises Licence on public safety grounds. If not, refer the matter to the fire service who can do the same or use other legislation to deal with the matter.

[Ethel]

No it doesn't, prophet. It covers enclosed areas only, which is why many pubs are providing smoking shelters in their outside space. As is my local hospital, at a silly cost to the rate payer.

[CathH]

Thanks for all your answers.
I rang the fire brigade and they said its not against the law however it is a health and safety issue and that the fire regulations should be reviewed to take into account the people smoking and drinking on the fire escape.