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smoking outdoors

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chakka35 | 12:31 Sun 01st Jul 2007 | Law
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Waiting for a train at my local South West Trains station the other day I heard an announcement to the effect that smoking would be forbidden anywhere on the station as from today.
Since the parliamentary law applies only to outdoor spaces which are wholly or partially covered, and the platforms at that station are largely open, I wondered what authority SWT has to impose this ban? Have they formulated a new railways bye-law to cover it?
If I were a smoker I suppose my quickest way to find out would be to light up on the open platform and ask the person come to arrest me on what basis they were doing it.
But, come to think of it, it wouldn't be quick at all because it appears that the Smoking Gestapo are to work only 9-5 and on weekdays, which means that there will be no surveillance for 76.2 per cent of the time!
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If the station is owned by SWT they can impose their own rules. In ma office, there has been a smoking ban for months prior to the English ban.
It's private property. End of.

Question Author
Yes, I understand that. So if (as a non-smoker who nevertheless hates bullying of any sort) I can summon the energy to ask SWT for their justification, what would they supply? A bye-law? A board-meeting resolution?
Although the station may be private property are we quite sure that the handing over of this public property to SWT gave them absolute rights, not in any way diluted by any previous Railway Act or franchise conditions?
Only they can tell me, I suppose.

Huge swathes of London (for example) are privately owned by some Duke or other. I doubt whether that would give the owner the right to stop people smoking in their streets.
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Question Author
The Prophet, I have just thought of something that negates most of which you have said (and most of which I have accepted) and entirely negates the posts of THE CORBYLOONand Whickerman. It is this:

SWT does not own the station: it is an operating company which runs the trains only. Only Railtrack, or whatever it is called nowadays, can set out rules for the station.
SWT is perfectly entitled to require passengers to obey the law, which is that they must not smoke in the enclosed ticket-office concourse or on that part of the platform which is part-covered by a canopy. But the law does not apply to the open parts of the platform, therefore SWT had no right, in the announcment I heard, to forbid smoking on the open part, quoting the new law.
I knew there was something phoney somewhere...
I thought it was because Rail Stations are classed as work places and therefore the ban stands. Of course I could be wrong!
i was told this at Cardiff train station the other day - live in england and TOTALLY forgot about smoking ban! But anyway when a little man ran over (in such a panic you'd think i was murdering someone) I stubbed it out and aplogised and asked him why i couldnt smoke on the platform as it was open space - apparently it still counts as partially covered....there are also signs all over open bus stops/shelters in bristol saying you cannot smoke under them...
I think the ban is there to stop is effecting other who do not smoke - obviously there are many people standing at stations and bus stops that we smoke all over and i guess its not fair to them - kinda makes sense really... Not totally sure though
the law only applies to,enclosed or substanially enclosed work places,thus,a ROOF and TWO WALLS!
But if the walls do not reach the roof and/or the ground then they are NOT classed as walls!
So we end up with only a roof and no walls,,,,so you can legally smoke!

anyway its all a load of B*******!

just light up if you want to!

Hey get an ECIG! they are 100% legal to smoke ANYWHERE! I have one!

Have fun!
But alas!

we ALL HAVE to breathe in POISONOUS exhaust fumes from the NON SMOKER!

Shame they just didnt ban vehicles instead!

shut yourself in a room with 20 smokers and after 30 minutes you will no doubt walk out alive!
shut yourself in a room with one petrol engine running and i doubt you would survive it after 30 minutes!

need i say more? lol

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