Smoking in non-smoking locations

observant1 made this Government Information (Public Access) request to Lane Cove Municipal Council

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Lane Cove Municipal Council did not have the information requested.

observant1
Sent

Dear Lane Cove Municipal Council,

I would like the most recent data on Council Ranger issued fines in relation to:

Smoking in Public Places
and more specifically, how many fines have been issued within the Lane Cove town centre since it became a smoke-free zone.
I would also like to know of any fines that have been issued regarding the littering of cigarette butts.
Additionally I would like to know what proportion of total ranger issued fines these equate to.

Finally, has there been any policy guidelines issued by the council or Mayor in relation to the prioritising of one category of offence over the other?

Yours faithfully,

Nathan

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Lane Cove Municipal Council

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Corporate Records Team
Corporate Services Division
Lane Cove Council

Tel: (02) 9911 3555
Fax: (02) 9911 3600

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Simon Cole, Lane Cove Municipal Council

1 Attachment

Dear Nathan

 

 

Thank you for your inquiry to Council in relation to smoking and
non-smoking locations.   Your request has been considered as an informal
request for documented information that, if captured by Council, would be
available as open access information and not subject to a formal access to
information request under the Government Information (Public Access) Act
2009.

 

I directed your queries  to Mr David Wilson, Manager of Environmental
Health in the Environmental Services Division of Council.

 

I am advised that for more than five years Council has prioritised an
educate, caution and move on approach for breach of the regulations
governing areas with non-smoking signage. 

 

Where a person receives a caution by a Ranger at the time that a person is
observed to be smoking the ability to enforce the regulation further may
be limited for example, where a person refuses to provide their personal
details to the Ranger.

 

For this reason Council has not issued any penalty notices in recent
years, but issues informal cautions and move on requests each week
whenever the area is being patrolled.

 

Council has issued No Smoking signs to businesses in Lane Cove for shop
windows, in order to increase signage and promote deterrence in smoke free
areas.  Some business have participated in this program and more are being
encouraged to do so.

 

Council has also conducted Smoke Free Environment Act information sessions
for all lease holders of outdoor dining spaces on Council land.
  Attendance at these seminars was a condition of the lease.  

 

You may visit the web site of Council for more information including our
[1]Enforcement Policy

 

Should you have any further queries please call Simon Cole on 9951 3511.

 

Yours faithfully

 

 

 

 

--------------------------------------------------------------------------

Simon Cole | Governance Officer

A: 48 Longueville Road Lane
[2]LCC Cove
P: 9911 3511
E: [3][email address]

--------------------------------------------------------------------------

-----Original Message-----

From: observant1 <[FOI #5375 email]>

Sent: Friday, 12 April 2019 3:19 PM

To: lccouncil <[email address]>

Subject: Government Information (Public Access) request - Smoking in
non-smoking locations

 

Dear Lane Cove Municipal Council,

 

I would like the most recent data on Council Ranger issued fines in
relation to:

 

Smoking in Public Places

and more specifically, how many fines have been issued within the Lane
Cove town centre since it became a smoke-free zone.

I would also like to know of any fines that have been issued regarding the
littering of cigarette butts.

Additionally I would like to know what proportion of total ranger issued
fines these equate to.

 

Finally, has there been any policy guidelines issued by the council or
Mayor in relation to the prioritising of one category of offence over the
other?

 

Yours faithfully,

 

Nathan

 

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observant1
Sent

Dear Simon Cole,

As the council has had 5 years of this education first policy, what evidence is there of success? Have any quantitative observations been performed or studies of the quantity of cigarette butts on the ground been measured?

I find it interesting that signs are relied on to stop smoking in non-smoking locations, yet they are not relied on for parking matters, they are treated as warnings and are enforced by rangers with hefty fines.

Yours sincerely,

Nathan

Link to this Report
Simon Cole, Lane Cove Municipal Council

Hi Nathan

Thank you for your interest in the Council's enforcement strategy and the use of data to measure Council's performance in relation to individual types of offences. I have again asked the Manager of Environment and Health to consider these points and we will be able to respond shortly.

Regards

-----------------------------
Simon Cole | Governance Officer

A:48 Longueville Road Lane Cove
P:9911 3511
E:mailto:[email address]
W:http://www.lanecove.nsw.gov.au
-----------------------------

-----Original Message-----
From: observant1 <[FOI #5375 email]>
Sent: Sunday, 5 May 2019 10:19 AM
To: Simon Cole <[email address]>
Subject: RE: Government Information (Public Access) request - Smoking in non-smoking locations

Dear Simon Cole,

As the council has had 5 years of this education first policy, what evidence is there of success? Have any quantitative observations been performed or studies of the quantity of cigarette butts on the ground been measured?

I find it interesting that signs are relied on to stop smoking in non-smoking locations, yet they are not relied on for parking matters, they are treated as warnings and are enforced by rangers with hefty fines.

Yours sincerely,

Nathan

-----Original Message-----

Dear Nathan

Thank you for your inquiry to Council in relation to smoking and non-smoking locations. Your request has been considered as an informal request for documented information that, if captured by Council, would be available as open access information and not subject to a formal access to information request under the Government Information (Public Access) Act 2009.

I directed your queries to Mr David Wilson, Manager of Environmental Health in the Environmental Services Division of Council.

I am advised that for more than five years Council has prioritised an educate, caution and move on approach for breach of the regulations governing areas with non-smoking signage.

Where a person receives a caution by a Ranger at the time that a person is observed to be smoking the ability to enforce the regulation further may be limited for example, where a person refuses to provide their personal details to the Ranger.

For this reason Council has not issued any penalty notices in recent years, but issues informal cautions and move on requests each week whenever the area is being patrolled.

Council has issued No Smoking signs to businesses in Lane Cove for shop windows, in order to increase signage and promote deterrence in smoke free areas. Some business have participated in this program and more are being encouraged to do so.

Council has also conducted Smoke Free Environment Act information sessions for all lease holders of outdoor dining spaces on Council land.
Attendance at these seminars was a condition of the lease.

You may visit the web site of Council for more information including our [1]Enforcement Policy

Should you have any further queries please call Simon Cole on 9951 3511.

Yours faithfully

--------------------------------------------------------------------------

Simon Cole | Governance Officer

A: 48 Longueville Road Lane
[2]LCC Cove
P: 9911 3511
E: [3][email address]

--------------------------------------------------------------------------

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #5375 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://clicktime.symantec.com/3FVX2iSP3...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

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Simon Cole, Lane Cove Municipal Council

Dear Nathan

The Manager of Environmental Health has responded to your further request for information as follows:

Unfortunately we don't have any detailed research or data on the number of cautions and move on directions, as these are undertaken on a discretionary basis by the Rangers. We seek cooperation from visitors to Lane Cove, who may not be familiar with local restrictions in a public area and local residents who need a friendly reminder.

We do have locations that are impacted by a range of littering habits including , sporting fields where plastic drink bottles are not placed in bins, cigarette butts near the TAB and at Manns Point. All of which have specific anti littering programs intended to address waste disposal behaviour on a regional basis.

In regards to parking restrictions, we use an inground sensor system for the monitoring of the Lane Cove CBD for parking overstays , along with Ranger foot patrols to ensure that all drivers get an equitable access to limited parking. Penalties are able to be issued where overstays occur as we have the evidence to enforce such matters, as number plate details can be used to contact the owner/driver of a vehicle.

It should be highlighted that where a penalty is issued for an offence, the person receiving a penalty has the opportunity to make formal representations for such matters to be reviewed or alternatively to have such matters reviewed by a magistrate by choosing for the matter to be court elected.

I trust this assists you with your inquiry. Again, thank you for your interest in this important activity of Council.

Regards

-----------------------------
Simon Cole | Governance Officer

A:48 Longueville Road Lane Cove
P:9911 3511
E:mailto:[email address]
W:http://www.lanecove.nsw.gov.au
-----------------------------

<table align="left" border="0" cellpadding="0" cellspacing="0" style="width: 100%;">
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<td>
<a align="left" href="www.facebook.com/lanecovecouncil" target="_blank"><img alt="Sunset Village 2019" src="http://www.lanecove.nsw.gov.au/Publishin... " style="width: 443px; min-height: 133px; border-width: 0pt; border-style: solid; float: left; display: block;" /></a></td>
</tr>
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<pre>
**********************************************************************
Looking for something in particular?
Visit our website: - <a href="http://www.lanecove.nsw.gov.au" target="_blank">www.lanecove.nsw.gov.au</a>

**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
Lane Cove Council.

Information transmitted via email may be subject to corruption by the
process. Information contained in this email should not be relied upon
where loss, damage or injury is possible. Verified information should
be obtained in writing directly from the authorised Council officers.

This footnote also confirms that this email message has been swept by
Sophos for the presence of computer viruses.

**********************************************************************</pre>
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</tbody>
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