The risks of not smoking

According to medical journal The Lancet, bans on smoking in public places have already been introduced in parts of the US, Canada, Thailand, and southern Australia. Plans by Ireland, Norway and The Netherlands to introduce such a ban this year are under way, and the matter is also being discussed in the Scottish Parliament.

While Westminster has no plans as yet, high-level pressure is increasingly being brought to bear from various quarters; logically, it will only be a matter of time before a similar move is considered in England.

Such a move would raise a number of issues for insurers and brokers, and the advice they give to clients. As we move into the new era of insurance regulation, this is a classic example of the need for those giving advice to the public to keep up-to-date with any new developments.

So what would such a ban mean in the context of insurance? It is unlikely to attract a reduction in material damage premium rates, as the number of pub or restaurant fires caused by smoking materials is quite low. Also, many policies carry warranties with a requirement that a building is thoroughly checked for potential cigarette fires at time of closure.

Employers have a duty of care to their employees. We are starting to see claims suggested for those who have contracted respiratory illnesses or cancers as a result of exposure to passive smoking. A smoking ban will reduce the potential for such claims, and ease the minds of insurers in that market.

However, one can envisage that, in certain venues, management may have to take additional steps to prevent smoking, as no doubt there will be financial penalties for non-compliance.

Whether we get to the stage of door security staff requiring customers to deposit their smoking materials into bins on entry, in the same way as drink is often confiscated on entry to festival sites, remains to be seen. The reality, of course, is that such issues will have to be handled courteously and sensitively, in order to avoid giving rise to potential public liability claims should trouble break out in a pub or club.

Brokers and insurers need to remain vigilant with this issue and alert to any possible changes in the law to ensure that clients are given adequate and timely advice.