Critics complain of inconsistency in local authorities� handling of law breakers

THOUSANDS of Scots have been handed warnings or fines for lighting up in public places since Scotland'santi-smokinglaws came into force nearly a year ago.

New statistics seen by the Sunday HeraldshowthatScottishlocal authorities have handed out more than 1300 warnings and more than 500 fixed penalty notices in the form of fines to those caught breaking the smoking ban.

However, the figures also reveal wide variations in how councils are dealing with those caught breaking the law, with some almost exclusively issuing fines (of up to £200), and others mainly handing out written or verbal warnings.

Some have criticised the mixed response to breaches of the ban, calling for local authorities to apply the law more uniformly, while anti-smoking campaigners have welcomed the figures as evidence the regulations are working.

Thenewstatistics,duetobe published by the Scottish Executive in around two weeks' time - close to the first anniversary of the ban - show stark contrastsinhowcouncilsare prosecuting breaches of the regulations.

Since the ban was introduced on March 26 last year, Renfrewshire Council's enforcement officers handed out 151 fixed penalty notices and just two warnings, while Fife Council gave out 408 warnings - more than five times the number of fixed penalties they issued.

Scotland's two largest cities, Glasgow and Edinburgh, issued just 17 and seven fines respectively, with both councils putting their low numbers down to extensive education programmes.

An enforcement officer can give an individual a fixed penalty notice of a £50 fine, and the manager of an establishment which allows someone to smoke or doesn't have the appropriate no smoking signs can receive a £200 fine.

In total, 1314 warnings were given and 537 fixed penalty notices issued, with Renfrewshire Council responsible for 28% of the latter.

Councillor Iain McMillan, convener ofRenfrewshireCouncil'shousing environmentandcommunitysafety policy board, defended their use of fines, saying they were applying the law "fairly and consistently".

"Iwouldclassourapproachas effective rather than excessive," he said.

FifecouncillorAndrewKeddie, chairmanofthecommunitysafety committee, said their intense use of warnings showed a "very pragmatic approach to the smoking ban".

However, SNP MSP Stewart Maxwell, who first proposed the ban in a private member's bill at Holyrood, said that councilsneededtoapplythelaw "evenly" and were possibly misinterpreting Scottish Executive guidelines.

He said: "The guidelines issued to enforcement officers said to take a softly-softly approach to educate and to warn, and not to go in with the heavy-handed approach. It's not even been a yearsincethislegislationwas introduced, so to have already turned to issuing just fixed penalties is the wrong way of going about it."

Maxwell added that he anticipates more fines than warnings being issued in the future to those breaking the law, as Scots will not have the excuse of being unaware of the legislation.

With just 537 fines issued since last March, anti-smoking campaigners have praised local authorities for their policing of the ban.

Maureen Moore, chief executive of anti-smoking group Ash Scotland, said she believes the low level of fines acrossScotland "demonstrates how well going smoke-free has been implemented".

She added: "Thereis no desire among councils to be confrontational, the best approach is to provide good information and advice rather than trying to catch people out."

However, Neil Rafferty, spokesman for smokers' rights lobby group Forest, called for more consistency in dealing with the issue.

He said: "It seems there is a postcode lottery when it comes to punishing smokers. The Executive has told the councils do your own thing' when what there should be is a national standard where only repeat offenders are fined."

Health minister Andy Kerr said the smoking ban has been a "resounding success", adding: "The low level of fines and warnings issued by local authorities is testament to how well the legislation has been received."