Issue - meetings

Authorised the Head of Environmental and Community Health Services and the Director of Operational Services to appoint suitably qualified, experienced and trained officers to carry out the duties and other matters arising under the Health Act 2006 and associated regulations; Authorised the Head of Environmental and Community Health Services, after consultation with the relevant Executive Councillor, to institute legal proceedings arising under the Act.  Agreed to release the funding received from the Department of Health to support the Council’s implementation and enforcement of the Act including the employment of a No Smoking Implementation Officer; Requested that appropriate representations regarding the potential financial impact of implementing the legislation be made to the Local Government Association and the Members of Parliament for the Huntingdon and North West Cambridgeshire constituencies; and that the Head of Environmental and Community Health Services report back to the Cabinet on the progress of the no smoking legislation after 6 months operation.

With the assistance of reports by the Head of Environmental and Community Health Services (copies of which are appended in the Minute Book) the Cabinet were acquainted with the requirements of the Health Act 2006 (“the Act”) in terms of prohibiting smoking in public places and the consequential enforcement and other implications for the District Council.

Members were informed that from 1st July 2007 the Act would prohibit smoking in virtually all enclosed public places and workplaces in England.  To ensure the successful implementation of the legislation a comprehensive programme of education and an enforcement framework would be required along with the requirement for authorised officers to undertake the enforcement duties.  In discussing the associated financial implications, Members’ attention was drawn to the grant award of approximately £80,431 from the Department of Health for undertaking such duties in the first year.  Having expressed concern about funding for the new duties in the longer term, the Cabinet

RESOLVED

  (a)  that the Head of Environmental and Community Health Services and the Director of Operational Services be

  authorised to appoint suitably qualified, experienced and trained officers to carry out duties

  arising under the Act and associated regulations;

  (b)  that the Head of Environmental and Community Health Services and the Director of Operational Services be authorised, after consultation with the relevant Executive Councillor, to institute legal proceedings for contravention of the Act and its associated Regulations;

  (c)  that funding received from the Department of Health as outlined in Paragraph 6 of the report now submitted be welcomed to support the Council’s implementation and enforcement of the Act;

(d)  that appropriate representations regarding the potential financial impact of implementing the legislation in the longer term be made to the Local Government Association and the Members of Parliament for the Huntingdon and North West Cambridgeshire Constituencies; and

(e)  that the Head of Environmental and Community Health Services be requested to report further to the Cabinet in January, 2008 on progress in implementing and enforcing the relevant legislative and regulatory requirements.