Recent measures by Paddock Wood Town Council to stop smokers lighting up in play areas are ultra vires even by their own admission – but are likely to be followed by other councils.
The danger of second-hand smoke (also called Environmental Tobacco Smoke – ETS) is a myth, but we are now in danger of seeing even more ‘mission creep’, this time into our open-air playgrounds.
Local councils are fully aware that they cannot amend statute law; they should be equally aware that to charge for a public service and then deny a large proportion of that public the right of full legal enjoyment of a service is at the very least obtaining money by deception.
Maybe Paddock Wood smokers should have a reduction in council tax? They are clearly not permitted to enjoy a legal product in a legal place as defined by the Health Act 2006.
A further unintended consequence is that the 25% of parents who currently smoke will be less likely to take their children to playgrounds. Maybe we will see empty playgrounds, as well as empty pubs?