BY AUSTIN LYNCH

The last 12 months have been extremely busy for Diane Whittaker, the Tobacco Control Officer (TCO) for Fermanagh District Council.

On 30th April 2007, Northern Ireland went 'smoke-free', making it illegal to smoke 'in enclosed and substantially enclosed workplaces and places to which the public have access, including bars, hotels, all types of clubs, cafes and restaurants'.

Since Northern Ireland went 'smoke-free', the Department of Health have funded 12 TCO's across the North to operate in an educational, advisory and enforcement role.

Diane Whittaker covers the Omagh and Fermanagh District Council areas, but is primarily based in Fermanagh where she works with the Environmental Health Department of the Council.

In post since July last year, Diane worked as a smoke-free advisory officer with Belfast City Council prior to this, and in the run-up to the introduction of the Smoking Ban.

She explained she completed a degree in Environmental Health and, after university, worked in Health and Safety within the construction industry for a time before an opportunity to work with Belfast City Council arose.

Diane explains she works with what are considered 'high risk' premises - places like bars or restaurants where people congregate for long periods of time - in an advisory and enforcement capacity. In her role she also deals with complaints of non-compliance with the 'smoke-free' legislation.

She explained that the Council's Environmental Health department realise that some people will have had their difficulties with the legislation if, for instance, if their premises are 'land-locked' between other buildings.

In some cases, premises have put awnings out the front but, here, Diane urges owners of premises thinking of this remedy to contact Roads Service and also to check with the Planning Service and Building Control to see where they stand.

In addition to workplaces and public places, work vehicles, including taxis, must also be smoke-free if they are used by any more than one person - even at different times.

Under the legislation, work vehicles, like workplaces, bars and restaurants, also must display 'smoke-free' signs.

"Even if a taxi is off duty", Diane explained, "with the roof sign down, it is still being used as a public vehicle and, therefore, must be smoke-free"

Diane explains that her daily work can involve investigating any complaints received at Environmental Health departments and revisiting any high risk premises.

If a smoking area has a roof the walls have to be 50% open although there is no legal obligation to provide patrons with a smoking area.

The role of Tobacco Control Officer also deals with issues and legislation surrounding the sale of cigarettes and tobacco products, specifically the sale of cigarettes or tobacco products to children.

UNDER-AGE

As part of the under-age scheme, Diane will visit premises to inform people of their obligations, which are that it is illegal to sell cigarettes to anyone under 16 years of age.

Shops, supermarkets and any other premises which sell cigarettes or tobacco must display signs carrying this information for child protection purposes. Failure to display such signs can result in £1,000 fine.

Diane revealed her department is hoping to carry out some 'test purchases' in the coming months in which a child under 16 year of age is sent in to attempt to buy cigarettes. She accepted this is quite a sensitive issue, as it involves children, and they must follow national protocols in terms of child safety.

"Prior to any such test purchase exercise, all tobacco retailers will be written to and informed/reminded of their obligations."

Talking about her job, Diane commented: 'It's great to be involved, and to be helping secure the success of the smoke-free legislation', which she describes as a major piece of public health legislation.

"I am hearing a lot of success stories (about the smoking ban), and that makes it all worthwhile" says Diane. "All we want is compliance, at the end of the day."

Diane says that you try to work with people the best you can but it can be frustrating when you go back to a premises and they haven't done anything you asked, or suggested.

"The ultimate sanction for non-compliance with the legislation is prosecution" explains Diane.

In the past twelve months 39 warning letters (for various infringements of the legislation) have been issued.

If a person if found smoking in a smoke-free premises, or workplace, they will receive a £50 fixed penalty fine - which can rise to £1000 if a prosecution is taken.

Failure of a premises to display correct signage resulted in a £200 fixed penalty fine, rising to £1000 on prosecution while management or someone concerned with the management of a premises failing to prevent people smoking on premises will be an immediate prosecution, with fines up to £2500 possible.

For more information about 'smoke-free' legislation, contact the Environmental Health Department on 028 66321805.