Furnishing the great outdoors

The impending smoking ban has galvanised interest in outdoor furniture and equipment. Many firms supplying such items report that their phone lines have never been busier.

Although considerable uncertainty still exists over when the ban will come into effect and what constitutes a smoking shelter, licensees are being urged to act now to offset the anticipated downturn in trade. One reason is that it will give canny licensees a head start over competitors and show smokers that enjoying a smoke with a pint doesn't have to end when the law comes into force.

The second reason is that local authorities could be swamped by planning applications for shelters or pavement licences as the day of reckoning draws near. Technically, canopies are deemed temporary structures and, therefore, do not need planning permission unless they are going to be erected in a conservation area or adjoin a listed building. However, if Scotland's experiences are anything to go by, then dealing with councils this side of the border is not going to be that easy.

Patrick Browne, chief executive of the Scottish Beer & Pub Association, says there is nothing in the Scottish regulations saying that a canopy can't be erected against the wall of a pub. "But," he adds, "it seems every individual local environmental health officer or planning officer has a different view. Some are insisting on a gap or limiting

the size of the structure. And because licensees don't want to end up on the wrong side of the enforcement guys, they have to comply with requirements that aren't in the regulations."

Browne says most of Scotland's pubs are land locked and he reckons only around one-third have space to erect a shelter. He also gives little hope of many pubs being granted a pavement licence. "In many places, local bylaws prohibit drinking in the street and I think there is no chance of councils relaxing their bylaws."

Tony Reynolds, co-owner of Shrewsbury-based Shading by Design, says he is already experiencing anomalies in the way different councils view canopies and awnings.

In Kilmarnock, a requested 100ft by 50ft enclosure was knocked back to a smoking zone of 33ft by 50ft. In Nottingham, he has experienced a refusal on the grounds that the shelter was "too big and too intrusive". Reynolds notes: "The council was not thinking about smoking, but about planning issues. Four years ago, not one umbrella we erected required a planning application. Now, I would say 40% have to have planning approval and 60% have to go through the planning process."

Councils not hitting targets

He has also noticed that some councils aren't hitting the statutory eight-week target for dealing with planning applications, thereby significantly lengthening the process. Despite this, Reynolds says: "Now is a great time for licensees to start their planning applications. If they leave it to the last minute, they could lose out."

Another incentive for installing shelters now is that it is unlikely they will be subjected retrospectively to any changes in planning requirements when the new regulations are issued.

Ian Manners, managing director of canopy, parasol and umbrella supplier Zenith, remarks: "People going abroad have become accustomed to eating and drinking under cover and they are looking for the same over here. Pubs that have already installed canopies are doing very well. Regardless of any smoking ban, pubs with canopies will benefit."

Manners cites the example of a pub in Cumbria that invested £2,500 on a 5sq m canopy. "The canopy paid for itself over the weekend last Easter because customers stayed there even though the weather was bad."

Zenith's MD says one of the Wokingham firm's bestsellers is the 36sq m Airone canopy, which can be leased for as little as £60 per week over a three-year period. Unlike Shading by Design, Manners reports that Zenith has had few difficulties over planning. Nevertheless, he does advise licensees to act long before the smoking ban takes effect.

Investment boost to sales

Keith Jobson, marketing manager of Westmead Contract Furniture, observes: "It is too early to say how big an effect the smoking ban will have on our sales. But we do know that irrespective of any ban, investment in a pub's garden and terrace furniture usually gives a significant boost to both drink and food sales. Smokers' needs will inevitably add to this demand."

Jobson says Westmead's sales have increased significantly over the last couple of years. He adds: "This has been due largely to launching new product ranges, and pricing our tables and accessories very competitively, to suit those pubs that want quality furniture at value-for-money prices."

Ian Pendlebury, owner of Doncaster-based Anchor Fast, is another who thinks it is too early to say how the ban in England will influence sales of his company's garden furniture, although he has noticed "an uptake in sales" in Scotland, where the smoking ban comes into force in 10 days time.

Pendlebury adds that the approach of Easter usually provides a knee-jerk reaction among hosts who then want furniture delivered the next day.

When will the ban start

The Department of Health, which is the lead Government body implementing the ban, is hoping the act will be passed this summer.

In the wording of the bill, the ban is loosely set as starting in summer 2007. Once the act has received royal assent, draft regulations will be issued that will determine when the ban actually comes into force and define what constitutes a smoking shelter. These draft regulations will go out for a 12-week public consultation exercise before the final decisions are made. Therefore, it is unlikely that licensees will know the final details much before the

end of this year.