Dundee smoking ban: is England next?
Family pubs could be forced to ban smoking completely after a Scottish licensing board refused to issue children's certificates to pubs that welcome smokers.
A strict new policy banning smoking in pubs with children's certificates has been introduced by Dundee's licensing board.
It means any licensees applying or renewing their certificates will have to agree to be smoke-free.
Pubs with separate children's rooms could be exempt from the new rule, at the board's discretion, but those without separate rooms, even those with good ventilation, will be forced to bring in a complete ban on smoking.
Now there are concerns that similar smoking bans could be implemented by other licensing boards across Scotland, as well as by magistrates in England and Wales.
As English law stands at the moment magistrates can impose conditions on children's certificates issued to pubs.
That means they could, in theory, follow Dundee's example and impose smoking bans on pubs that welcome children.
Jack Cummins, licensing solicitor at R & JM Hill Brown in Glasgow, said: "There could be a knock-on effect from this new policy.
"The minimum pricing policies in Scotland have already filtered down to England."
Dundee's policy has been attacked by trade leaders and licensees. Stuart Ross, president of the Scottish Beer & Pub Association and chief executive of pub company Belhaven, said: "I think it's a radical proposition and it leaves a lot of retailers wondering what is coming next.
"I think it goes a bit too far and for one licensing board to adopt that policy when others don't will simply cause confusion to consumers and licensees."
And he added that publicans needed to act to make sure no other areas followed Dundee's lead.
"The licensed trade has got to be more proactive in having no-smoking areas and we have to be more dynamic as a trade on this issue," he said.
Mark Hastings, spokesman for the British Beer & Pub Association, said: "Children can go into any restaurant in Scotland and many of them allow smoking - why should the pub trade be singled out?"
What can authorities do?
According to the terms of the new Licensing Act local authorities will not be allowed to impose blanket bans of this sort. However, under the new law, licensees who want children in their pubs will have to protect them from harm.
There are fears that when they take responsibility for licensing, some authorities could follow Dundee's example and use it as a way to sneak a smoking ban in through the back door. But Nick Bish, of the England and Wales Charter Group, which promote self-regulation on smoking through the use of signage, good ventilation and no-smoking areas, said: "I think local authorities would be mad to try as they are not allowed under the terms of the Licensing Act."
Related articles:
London survey on smoking ban launched (28 October 2003)
Public against smoking ban (27 October 2003)
