The Association of Licensed Multiple Retailers (ALMR) has called on the government to issue planning guidance to local authorities if a smoking ban is implemented.
In its submission to the Department of Health's consultation on smoking in pubs it asked for planning policy advice from central government to ensure consistency in planning permission for the construction of outside smoking areas.
Operators are currently looking at a raft of potential ways around a smoking ban including outside heated facilities. The fear is that local authorities could use planning laws to prevent premises from having such areas for smokers. This call comes after Glasgow City Council warned licensees that outside sheltered areas will have to meet the requirements of planning laws. The council says that pubs - particularly in residential areas and areas of conservation - will be unable to introduce canopies and outside shelters.
The Federation of Licensed Victuallers' Associations (FLVA) has also submitted to the consultation on behalf of licensees. It supports the call for planning regulations to be made more consistent to ensure premises can cope with the possible downturn in trade under a ban.
Tony Payne, chief executive of the FLVA, said: "The government will have to issue planning guidance to ensure there are not different policies in different areas.
"There are a lot of pubs that do not have external areas. We want an area inside the pub such as a separate room or area with ventilation.
"If a licensee wants to build a wall they need planning permission and we would want a consistent policy."
The BII submission on smoking says that "enclosed" areas should not include outdoor areas such as patios and gardens which are not part of the physical structure.
ALMR submission also called for:
- Smoking rooms
- Exemptions for the smallest businesses
- No smoking at the bar
- No smoking in back of house areas
- Signage requirements only where smoking is permitted
- Penalties for those lighting up in no-smoking areas
- Gradual tightening of restrictions through 2010
- A single policy for England and Wales.