Smoking Related Issues

Smoking Related Litter

Three-quarters of English streets are strewn with smoking related litter which covers items such as cigarette ends, matchsticks and discarded cigarette packets, according to a recent survey by ENCAMS and the problem is set to get worse. The Local Environment Quality Survey of England (LEQSE) surveyed 12,000 sites* and found over 79% of them were scattered with cigarette butts and packets. On 1 July the Government ban on smoking in public places, will come into force which could lead to an increase in smoking related litter on our streets.

Research shows that an environmentally aware smoker (who normally goes to great lengths to dispose of other litter correctly) will, without thinking, throw their cigarette butt onto the street. This is because most smokers make no connection between dropping a cigarette butt and littering. But it is littering and the government has made this clear in The Clean Neighbourhoods and Environment Act 2005. For more details, see the Office of Public Sector Information (OPSI) website (www.opsi.gov.uk/acts/acts2005/50016--d.htm#27).

For local advice please contact Swindon Borough Council on 01793 466068.

Smoking Related Litter Facts

• Cigarette butts are legally classed as Litter
• Cigarette butt litter is so widespread that it is regarded as the world’s number one environmental litter problem
• A dropped cigarette butt carries a littering fine of at least £50 and can be as much as £2,500
• The littering offence applies to public open land, such as: roads, pavements, parks and beaches
• Cigarette filters are composed of cellulose acetate, a plastic that can take anywhere between 18 months and 500 years to break down
• 61% of Irish people believe that a ban on smoking in pubs has lead to a rise in cigarette rubbish (source: Stubbi)
• Two of Britain’s worst disasters were caused by lighted cigarette ends dropped by smokers:
  - Bradford City Football fire, in which 40 people died in 1985
  - King’s Cross Underground station fire in 1987, when 31 people died
• 122 tons of cigarette butts and cigarette related litter is dropped every day in the UK
• Cigarette filters leak toxins that contaminate water and harm marine life and the environment
• Every day UK smokers throw away about 200 million butts
• Careless smoking is estimated to be the number one cause of fire related death and injury in the U

What can you do to reduce Smoking related litter:

• Provide facilities for the safe disposal of cigarettes outside of your premises.
• Promote a strong anti-littering message.

Noise

Issues to be considered will include:

• Members of the public congregating outside buildings but remaining within the curtilage of the premises (i.e. in non substantially enclosed building constructions or structures made specifically to accommodate smokers e.g. roof patios, lean-to constructions, hut-like structures and shelters, etc).
• Members of the public congregating on public footpaths or areas outside the curtilage of the premises. It should be borne in mind that this makes enforcement under the Environmental Protection Act 1990 difficult as the noise does not emanate from within the premises. It is likely that such scenarios will be dealt with using the Licensing Act 2003 and/or by police action.
• Owners of premises playing musical equipment or speakers (radios, speakers, CD players, TVs etc.) for the enjoyment of their customers, in non-substantially enclosed premises to accommodate smokers.

Action taken to address any problems may involve a variety of approaches, including:

• Proactive education and information provision e.g. consider a noise education programme for establishment owners and inform them of potential problems (target known areas of probable trouble).
• Communication with planning departments and use of planning legislation to prevent the construction/erection of structures in locations conducive to the creation of noise nuisance problems.
• Communication with licensing committees and use of the Licensing Act 2003 and local bye-laws to control noise nuisance emanating from or near specific premises held responsible.

The use of enforcement powers contained within:

• The Environmental Protection Act 1990 for service of Abatement Notices and seizure of equipment (reference for example sections 79, 80, 81[3] and 81[5]).
• The Control of Pollution Act 1974 (reference Part III sections 63-67 regarding noise abatement zones). It is highly unlikely that this piece of legislation could be applied to the circumstances likely to arise as a consequence of the smokefree legislation. The Environmental Protection Act 1990 would be better employed to control noise problems coming from the premises.
• Noise nuisance can also be tackled under the new Clean Neighbourhoods and Environment Act 2005 (covering England and Wales), Section 84, Schedule 1.

The CNEA extends the Noise Act 1996 to licensed premises. Councils' powers for dealing with night time noise nuisance are extended from domestic premises to cover licensed premises, including pubs, clubs and restaurants. Regulatory officers will be able to issue a warning notice and – if not taken into account – a fixed penalty notice to the person responsible for the noise at the premises when it exceeds the permitted level as measured from within the complainant's dwelling. The permitted level of noise for licensed premises will be specified by the Secretary of State for Environment, Food and Rural Affairs

The new edition of the CIEH/Defra Neighbourhood Noise Policies and Practice for Local Authorities A Management Guide contains useful information and practical advice on how to tackle noise issues.

For further local advice from your council contact 01793 466068.

Useful Documents

* The Local Environment Quality Survey of England (LEQSE) survey is available as a downloadable pdf file from the Smokefree Wiltshire website (www.smokefreewiltshire.org.uk):

LEQSE survey (9.4Mb)

Also available on the Smokefree Wiltshire website is a downloadable pdf version of the Department for Environment, Food and Rural Affairs (Defra) Noise Management Guide:

Defra Noise Management Guide (3.77Mb)