SMOKING BREAKS TO BE STUBBED OUT?

Town Hall staff in Bournemouth will be among the first to be denied the privilege of smoking breaks when a nationwide ban on smoking in public places is introduced on July 1.

The council's 6,000 employees will be banned from taking smoking breaks during working hours - even away from council premises.

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And the bad news for smokers is, there doesn't appear much room for argument. Employment law experts say as long as employees are given the necessary breaks, there is no legal requirement to allow special dispensation for smokers.

Members of the council's personnel board are expected to approve the measure as part of the council's new smoke-free policy, to come into effect at the same time as the legislation.

The new law will prohibit workplace smoking in any enclosed space, including restaurants and pubs, but the council plans to go further by barring workers from lighting up anywhere in the grounds of municipal premises, or in staff car parks.

A report to the board meeting next Thursday says some staff felt smoking breaks should be allowed throughout the working day, and that shelter should be provided.

But it adds: "Staff do not have a legal entitlement to smoking breaks and to continue to allow this practice under the new policy would. continue to frustrate the 51 per cent of staff who stated that they are annoyed by smokers who take breaks during the working day."

Susan Evans, partner and head of employment team at local law firm Lester Aldridge, said: "Employers' non-smoking policies are unlikely to form a breach of any human rights as they will simply restrict employees from smoking during work hours or on work premises, not restrict the employee from smoking at all."

Fenced areas around community centres will be exempt from the ban in the evenings amid concerns that young people would be put off using the facilities and would cause trouble within the community.

Council spokeswoman Georgia Smith said: "We welcome this as a positive step towards providing a healthier working environment for all our staff and supporting our partners in the wider health agenda."

A spokeswoman for Barclays said smoking areas were provided outside Barclays House in Poole and that they had no plan to change their policy on allowing breaks.

LV, formerly Liverpool Victoria, also said while it would be modifying its outdoor smoking area to meet the new legislation, there would be no ban on smoking breaks.