BBPA requests investigation into backdoor smoke bans
LACORS, the local authority co-ordinating body, is asking both St Albans City & District Council and Preston City Council to clarify their licensing policies, following pressure from the pub trade.
The British Beer & Pub Association requested that LACORS investigate the councils after licensees complained the councils were attempting to bring in a smoking ban via the backdoor.
The two local authorities are demanding compulsory no-smoking areas on new licences if pubs allow children entry.
St Albans has introduced a policy which says a completely separate room must be supplied for children, while Preston says it will "encourage" licensees to set aside a no-smoking area.
LACORS has already issued guidance to local authorities informing them that health is not an objective of the Licensing Act 2003.
In a statement issued to local authorities it said: "LACORS has recently become aware that certain local authorities have been contacted about making provision in their policy statements regarding smoking.
"We would like to remind colleagues that LACORS' position is that local authorities should be extremely cautious when making comments concerning smoking in their policy statements, as 'health' is not a licensing objective and, as such, policy statements should not attempt to impose a smoking 'ban' by using the 2003 Act.
"We are aware that some authorities may be making provisions regarding smoking in relation to the 'protection of children from harm' licensing objective, but LACORS' position remains that local authorities are cautious regarding this and may wish to seek legal advice from their own solicitors."
Related articles:
Councils use licensing reform to force no-smoking areas (1 September 2005)
