Smoking ban in Hotels, is this a way around it?

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thedaras

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If you are staying in a hotel and they don't have any rooms left ,where you are permitted to smoke, could you smoke out of the window?

Seriously...if the window is fully open and you light and smoke the ciggerete outside ,can you be fined?

Technically,its not in the room?
 
Who would fine you for smoking out the window of a non-smoking room? Surely thats just the way the hotel has designated them so people dont get a smelly room if they are non-smokers?! I'd say you would be ok!
 
How positively childish. Of course you are smoking in the room. You, the guest, are in the room and you, the guest, are the one smoking. "Ooohh, I'm not smoking, the cigarette is and it's outside the window."

If the hotel's policy is for a fine, then hopefully, they'll enforce it.

As you're having problems with check-in times and smoking policies, maybe you'd consider staying at home for simplicity's sake :D?
 
Mathepac;
As you're having problems with check-in times and smoking policies, maybe you'd consider staying at home for simplicity's sake ?
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Certainly when I studied law,people were always coming up with inovative ways of getting around the laws and finding loopholes.Thats called being human..

As a non smoker I have neither the desire to smoke in or out of the room,or in or out of the window.

The question remains for those who have a legal aspect on this,to say if a challange was made would it stand up ?
 
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peteb said:
Who would fine you for smoking out the window of a non-smoking room? Surely thats just the way the hotel has designated them so people dont get a smelly room if they are non-smokers?! I'd say you would be ok!
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It came to my attention when I was passing by a group of smokers outside a hotel and they were complaining about having to come down 5 flights to get outside to have a smoke.

We got chatting and one of them said perhaps smoking out the window would do the trick.

It would be very interesting to see what would happen in that situation..
Thanks.
 
You can't smoke 'out a window'. You can smoke beside the window. Some of the smoke will go out the window. Some won't. The solution for the smoker is to a) find a hotel with smoking rooms, or b) go to the smoking area.
 
They said the windows opened out quite far,and so were able to light and smoke outside it,I presume they tried to get a smoking room,must have been booked up,and the issue was having to go down so far to smoking area..

I remember my brother doing just that ,when he wasn't allowed smoke at home.And we never knew or got the smell of smoke.

Anyway the question still remains for the legal folk,could it be a loophole if hotel staff couldn't prove they had been smoking in the " room"?
 
Don't think it's a legal issue actually? The law says that you can smoke in a hotel bedroom, but it's hotel policies that designate bedrooms as smoking or non-smoking. I would imagine you may be breaching whatever documentation you signed at check in agreeing to comply with hotel policies but surely this would be a civil matter if pursued?
 
It's not really a legal issue. More an ethical issue.. or an issue of respect and decency.

As for enforcing a fine, the hotel could bill you, you could refuse to pay, etc etc. You studied law, you tell me. If you caused a fire alert due to setting off a smoke detector you may be billed by the emergency services if there was a call out.
 
tenchi-fan;
Firstly it is absolute rubbish to say its not really a legal issue.

If you read my post you will see that I am looking for a legal aspect on it!

Eihics,respect,decency..emm..they were not thinking of murdering someone.

I am fully aware that a hotel could bill them.I know people in the UK and this is what happened when the staff smelt smoke,and saw butts in the room.

What do you mean .you studied law,you tell me?...
There is a reason why there are barristers...and there is a reason why there are Judges..
 
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Right,

Then put it like this.

A woman is sitting in restaurant in her pajama bottoms, eating a bag of crisps she brought in with her from outside and chatting loudly on her mobile phone. She pushes open the window, lit a cig and but was told by restaurant staff she was violating the smoking ban - not to mention she wasn't being respectful to other diners.

Enter thedaras! He studied law. He came up with innovative ways of getting around the laws and finding loopholes. "The issue of respect doesn't come into it, your honour - she did not murder anyone. We talking about a legal issue! Technically, she was not in the room! I rest my case, your honour!"

Oh you savvy legal eagle!

My view is, if you stink up a non-smoking room you could be liable for cleaning costs, they might even bill you for it (as you admitted happened happened to your mates in the UK). Refuse to pay the bill and it could result in legal action. And they do have a case because "my head was stuck out the window, I was not actually in the room" is pure nonsense. It's not a loophole any more than smoking in a restaurant with your head out the window is a way around the smoking ban.
 
tenchi-fan;
Perhaps you could let off steam somewhere else.

Your tone is aggressive ,attack the post not the person.
 
didn't particularly like your tone either.
"Firstly it is absolute rubbish " (just like the opening post)
"If you read my post " (condescending)
"Certainly when I studied law" (hmm)

Right, over and out i'm going to enjoy the weather.
 
tenchi-fan said:
didn't particularly like your tone either.
"Firstly it is absolute rubbish " (just like the opening post)
"If you read my post " (condescending)
"Certainly when I studied law" (hmm)

Right, over and out i'm going to enjoy the weather.
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One, this thread is Askaboutlaw.

It is not askaboutmorals/ethics/

One of the first rules of studying law is to understand that not everything is black and white.
 
The smoker is 'technically' inside the room even if they are hanging out the window from the waist up.
 
thedaras said:
One, this thread is Askaboutlaw.

It is not askaboutmorals/ethics/

One of the first rules of studying law is to understand that not everything is black and white.
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Which is why I wrote :

"My view is, if you stink up a non-smoking room you could be liable for cleaning costs, they might even bill you for it (as you admitted happened happened to your mates in the UK). Refuse to pay the bill and it could result in legal action. And they do have a case because "my head was stuck out the window, I was not actually in the room" is pure nonsense. It's not a loophole any more than smoking in a restaurant with your head out the window is a way around the smoking ban."

It's up to the judge really. Some judges are no-nonsense, but a good barrister will pick holes in anything.

Now do you really think a hotel is going to bother with legal action if no damage was done? and even if they did press charges, do you really think anyone is going to spend thousands on a barrister to defend them?

It's not a legal issue, thedaras, and you certainly didn't study such a case at college either!
 
thedaras said:
One, this thread is Askaboutlaw.

It is not askaboutmorals/ethics/

One of the first rules of studying law is to understand that not everything is black and white.
Click to expand...

Did you read my post? It's not a legal issue. The law says you can smoke in a hotel room but hotels have the right to have their own policies. This is what you would be breaching and the sanction depends on what you signed at booking/check in.
 
The cops got a tip off about a well known drug dealer.
The drug dealer was to collect 5kg of heroin at a particular spot.
When he collected the heroin,he put them in his car and then the cops arrested him on possesion of drugs.

The dealer was brought to jail and the drugs were sent to the lab.
When the lab results were returned ,it was found that it was not drugs after all ,but a flour substance.

He then obviously couldnt be charged with possession of drugs and was released.
My point is ,could the same happen in the case of a hotel room where someone claims they were not smoking in the room, but in fact out of the window,they may have been in the room but the cigerette wasnt.

You would be amazed at what people try..
 
Well spoted thedaras..

Was it the sun yesterday that caused this post to be totally blown out of all proportion!!

You asked a sensible question.
Let me give you my experience. My aunt owns a hotel.

She said she wouldnt chance taking any action to someone who smokes out a window,provided that the smell isnt in the room and there is no evidence of a cig being smoked.

She has said ,that you must have evidence of the person smoking in the room,ie; a butt, or ashes .
Other than that you are on very shaky ground.
You are on to something thedaras,obviously a legally trained mind.:)
 
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