Questions on the White Paper
Frequently asked questions about the smoking ban
Just what is "prepared" food?
Apparently, this will be up to environmental health officers to decide. It is expected to depend on whether preparation of the food actually takes place on the premises.
Do sandwiches count as prepared food?
Again, this is unclear from the White Paper. It seems that if a sandwich is served on a plate then it is prepared food, but if it comes in a sealed pack that's been prepared outside the pub, then that would be fine. The same would go for pies and pasties or any other cold food item not prepared on the premises. If they are pre-packaged then it would be fine. But if the packets are opened and the pie is heated up in a microwave then it would count as preparing food and smoking would have to be banned.
What food can be served if there are smokers in the pub?
Sealed packet snacks such as crisps, nuts and pork scratchings. Other items like pickled onions and eggs also seem to be fine.
Will customers be allowed to bring food onto the premises from outside?
This will be up to the licensee or the company owning the pub, but there are no legal problems on this side of things and could be a way for pubs to keep some lunch-time trade. It might be possible to link-up with local takeaways to encourage their customers to come and eat their food on your premises.
Will you be able to have a no-smoking pub up until and including lunchtime and serve food and then stop the food and have smoking in the evening?
No. According to the Department of Health: "It will be the whole pub, the whole time if there is food prepared on the premises."
What about if there is a restaurant in a separate room?
It does not matter if the White Paper is enforced in its current state. The Department of Health has stated that it will be "the whole pub, the whole time if there is food prepared on the premises". This is due to fears that even well-ventilated pubs cannot get rid of the smoke sufficiently a point the Association of Licensed Multiple Retailers chief executive Nick Bish disagrees with. It remains unclear how this would affect hotels.
What if preparation of food happens before opening time, when the pub is smoke free?
Again, a no-go area. If food preparation takes place at anytime on the premises, smoking must be banned.
Can the pub be turned into a private members' club to avoid the ban?
Private members' clubs have to be non-profit organisations with an elected committee chosen from among the members. This will be clubs like working men's clubs or sports clubs. Once there is a proprietor, things change.
How will the ban be enforced?
There is no mention of how it will be enforced in the White Paper, but it is expected to be enforced by local environmental health officers. Further consultation will be taken on this area.
What are the penalties?
These details have yet to be confirmed. They will be set after further consultation with the industry.
What is the timetable for action?
The paper says that licensed premises must have "arrangements in place" by the end of 2008. This could mean that there is a year of transition allowed after that. However, ALMR expects there to be delays due to the controversial nature of the paper.
Will the White Paper now become law?
Not necessarily. A White Paper is an indication of Government policy and to be implemented it would depend on Labour winning the next election. It would then form part of its manifesto or be implemented as a health bill. The earliest it could be finalised is mid-2006.
