The government's plans for a "half-way house" smoking ban, forcing pubs to choose between smokers and food, have been condemned by all sides.
Publicans, politicians and the public health lobby have all come out against the plans as being unenforceable and confusing.
The controversial proposal to exempt pubs which do not serve prepared food is a key element of consultation on plans for a workplace smoking ban unveiled earlier this week.
The ban would come into force across England by the end of 2008. Pubs which breach the planned law will face fines of up to £200 for each offence - with the prospect of "shop-a-smoker" hotlines and local authority hit squads to enforce the rules.
Phil Slater of the Bowling Green, Banbury, said the government was missing the point. "I'd prefer the voluntary approach, but if there's going to be a smoking ban, it should be a total ban," he said. "The exemption for prepared food is ridiculous. The food in my pub is already prepared in a smoke-free environment - my kitchen."
The Conservative Party's health spokesman Andrew Lansley said: "The government's proposal is unsustainable. We should give the industry and businesses the opportunity to make further and faster progress with a voluntary code."
Deborah Arnott, director of anti-smoking group ASH, said: "It is clear that the exemptions are unworkable, would undermine the health benefits of the legislation, and have no support at all from the hospitality trade."
The proposals adds to the uncertainty over the definition of prepared foods by suggesting two possible approaches to legislation. The consultation will run until September 5, with legislation expected to be tabled in Parliament soon after.
The DoH has also firmly rejected two possible compromise solutions put forward by the trade:
- The consultation makes it clear that the legislation would not allow pubs to "be non-smoking and serve food at lunchtime but be smoking and serve no food in the evening"
- Pubs would also not be allowed to have completely separate dining or smoking rooms to get around the rules.
An exemption for private clubs, where members will be free to choose whether to allow smoking or not, was condemned by Mark Hastings of the BBPA as "a gross distortion of the market - there must be a level playing field for all".
A creative approach to dealing with the ban is also being considered by licensee Phil Slater, of the Bowling Green, Banbury.
Mr Slater said he would install a mobile kitchen in the grounds of his pub, and so meet the requirement that food is prepared off the premises, while continuing to allow smoking.
Mixed messages
- Ted Tuppen, chief executive, Enterprise Inns: "The industry is getting mixed messages from the government. When I met with the licensing minister recently he said that the consultation would proceed on the basis of the 'halfway house' approach. What the industry urgently needs is clarity."
Karen Jones, chief executive, Spirit Group: "The majority of our customers favour some restrictions on smoking in pubs, but less than a quarter want to see a total ban. The proposed timeframe in the White Paper is consistent with the BBPA commitments to move progressively away from smoking."
David Pott, the Beaver Inn, Ashford: "I currently run a well supported boozer with eight sports teams. I expect to lose half of these teams with a ban because of refusals to play at non-smoking venues. This is going to have a massive effect on English pubs and I am sure we are going to see thousands more shut after this."
Mike Benner, chief executive, CAMRA: "Pubs will be forced to choose between banning food or banning smokers. The impact will mean fewer pubs serving food and those pubs that do not serve food will become dominated by smokers."
Mark Hastings, director of communications, BBPA: "We remain convinced that the link with food is the wrong way to tackle this issue. We do not want to see smokers alienated from pubs and community life. If legislation is to work it needs the full support of both smokers and non-smokers."