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Jump to full article: The Guardian (uk), 2010-07-27
Author: Corinna Ferguson | Comment is free
Intro: Jon56 asks:
How did the English smoking ban become law? In particular, it forbids a group of adults from buying or renting an isolated building, currently a cafe, and setting up a smoking cafe, staffed by members of the group on a voluntary basis. Surely such a ban, interfering with an activity which would be legal in the home of one of the participants, contravenes the European Human Rights Act?
The smoking ban in England and Wales was introduced by the Health Act 2006. It operates by creating "smoke-free premises" in which it is an offence to smoke and the person in charge of the premises commits an offence if he or she fails to take reasonable steps to stop someone from smoking there: . . .
In light of all of that, I'm afraid jon56 will have to pursue political rather than legal avenues if he wants to open a smoking cafe in this country.
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