The threat of a ban on smoking in pubs is not a new one.
It has hovered over the trade for more than two years and even now represents a very real possibility.
But the trade is not taking the threat lying down.
Licensees were given a boost last week when a survey released by the trade's Charter Group and presented to the Department of Health showed almost two-thirds of pubs in the UK would be charter compliant by January 2003.
This is a very impressive figure when you consider that the charter was only introduced in 1998.
But now the real battle begins.
Without proof that the charter is working, ministers may well feel the need to introduce a complete ban on smoking in pubs. Now that the Government has been reassured by the Charter Group survey, the trade needs to work to ensure that pubs that say they are going to sign up actually do and that the target is met.
The Publican Newspaper and thePublican.com are supporting the Atmosphere Improves Results (AIR) initiative and the Charter Group in their continued efforts to encourage self-regulation within the trade.
Research in other countries has shown that a ban can cost pubs upwards of 40 per cent of their trade. It can take a matter of minutes to become charter compliant (see below) - but it could save thousands of pounds in the long run. So the message to all licensees and pub operators is "Don't delay, sign up today!"
With more countries choosing to ban smoking in public places, many believe it's only a matter of time before the British Government follows suit.
And with Canada and South Africa reporting a dramatic loss in pub and restaurant trade as a result of new anti-smoking laws, it's a road that the trade would prefer not to go down.
But although some believe a smoking ban is imminent, the trade was given a glimmer of hope last week when the results of the Charter Group's long-awaited report on smoking in pubs were presented to the Department of Health.
It showed that 61 per cent of the 43,000 pubs surveyed would be charter compliant by January 2003, ahead of the Government's target of 50 per cent compliance by the end of next year.
While only 27 per cent are currently signed up to the chatter, this shows how far the trade has come since the charter was brought in two years ago.
The charter recommends the use of signage, no-smoking areas and ventilation wherever possible in pubs.
Nick Bish, chairman of the Charter Group and chief executive of the Association of Licensed Multiple Retailers (ALMR), said this was a "tremendously positive" start.
He added that many licensees were choosing to do as much as possible and were introducing no-smoking areas and improving ventilation as well as displaying signage on their smoking policy.
"Thirty-five per cent of these outlets were planning to have smoking restrictions and/or ventilation that meets the new standard - we are actually running at over 40 per cent in these categories," Mr Bish said.
This shows that most licensees are not just thinking about the charter in terms of doing the bare minimum to get the Government off their back, but are considering their staff and customers' needs.
Traditionally, pubs suffer from a high level of smoke especially as nearly half of all customers are smokers (47 per cent according to the Publican's Market Report).
Yet pubs that have introduced restrictions have seen business increase.
David Elliott, managing director of Greene King Pub Partners, said: "Surveys show that customers want cleaner air. It's a win-win situation for everyone."
Ian Payne, chief executive of the Laurel Pub Company, said: "This is one of the most important issues facing the industry. If we don't invest and work to make the charter an even greater success, the Government will force unwelcome restrictions upon us."
Mr Bish agreed. "You only need to talk to bar operators in parts of the United States to hear what damage a ban can cause," he said. "At the moment we think we are ahead of the regulatory wave, and we are all working hard to make sure that we stay that way."
Oliver Griffiths of AIR has been working with Mr Bish to implement and promote the charter and said the industry's attitude was changing for the better. "The whole attitude to smoke in pubs has changed over the last couple of years," he said.
"We have moved from almost everybody thinking that there was no need for no-smoking areas or for ventilation, to the widespread acceptance of the need for cleaner air for customers and staff."
What needs to be remembered is that while restrictions on smoking can improve business, outright bans have had a negative effect.
A survey of publicans in Ontario, Canada, this month showed that pubs had been forced to lose staff and substantially cut working shifts because of a new law banning smoking in all public places.
On the other hand, anti-smoking protesters have warned the industry that they are losing out on up to two-thirds of the nation's custom because they do not cater sufficiently for non-smokers. They believe there are between 14 and 15 million people who will not go out for a drink because pubs and bars are too smoky.
David Reed, campaigns director for Yorkshire Action on Smoking and Health (ASH), believes licensees are directing their business at a mere 15 per cent of the population.
He said that pubs that introduced no-smoking areas tended to increase business.
"Half of the pubs that introduced these restrictions said profits had stayed the same, the other half said profits had increased, but significantly not one licensee said that it had caused profits to decrease," Mr Reed said.
The Publican Newspaper/Britvic Soft Drinks Pub-Goers Survey released earlier this month found that this is backed by customers' views.
Ninety per cent of respondents to the survey said they wanted to see some form of provision made for non-smokers.
Following the impact the charter has had on the pub trade, Mr Bish is urging the Government to ensure that other public places implement the charter.
He also wants the Government and the Department of Health to help promote the initiative to the public, so that customers can choose to go to a pub that offers the smoking facilities they prefer.
Publicity for the initiative would undoubtedly spark further uptake of the charter as the signs become more common and established.
In turn it should also help drive customer demand for better facilities and eventually the take-up of cleaner air policies in as many of the country's pubs as possible.
The voluntary charter on smoking in pubs recommends:
- the use of signage to inform customers of smoking policy
- licensees make a written note of the outlet's smoking policy
- licensees train staff to answer customer queries on smoking policy
- licensees use no-smoking areas and ventilation to improve the atmosphere in their outlets where possible.
The charter is not legally binding but the Government wants 50 per cent of pubs in the UK to be charter compliant by next year.
Failure to reach this target could see tougher restrictions brought in on smoking in pubs including the possibility of an approved code of practice to protect barstaff from the effects of passive smoking. This would ban smoking at the bar and have the force of law, leaving licensees open to prosecution by barstaff who claim the smoky atmosphere has damaged their health.
How to become charter compliant
First decide what category your pub falls into: