Licensees urged to plan for the ban
Prepare for the smoking ban now and get licence variations and planning applications in as soon as possible - that's the advice from licensing solicitors Poppleston Allen.
The company believes there will be a glut of licensees seeking variations to remove conditions that may harm their chances of dealing with the stub-out.
Check Licence
"Operators need to check their licences to make sure they do not have conditions restricting the terminal hour use of an outside area," said Poppleston Allen's Graeme Cushion.
"If such a condition exists then it will have to be varied."
He added: "We are expecting a glut of licence variations, so it is very important for licensees to act early."
Cushion believes hosts agreed to such conditions in the rush to get licence applications in last year and avoid the extra cost involved in appeal hearings.
Entry ConditionsSome pubs also have conditions stating no customers must be admitted after a certain time.
"If there is a last entry time to the pub are people going out for a smoke allowed back in? No doubt different local authorities will have different views," said Cushion.
Two other areas of concern are that hosts need to check whether outside space intended for use as smoking areas are actually licensed.
They will also have to be wary of noise created by smokers outside, which could fuel objections from residents.
Although the smoking ban regulations have yet to be released, Cushion said there was no harm in getting planning applications for outside areas in early.
"It is easier to modify your plans to meet the regulations rather than starting when the regulations are finalised. "The erection of permanent as opposed to temporary structures will need permission."
Cushion added: "This avenue needs to be explored clearly as we all know how long planning can take."
Guidance Now! petition
The Government must release the guidelines for the Smoke Ban before it becomes law.We, at the Morning Advertiser need your signatures in our petition to get Guidance Now!To add your signature to our petition click here
Your CommentsRobert Feal-Martinez via email 06/07/2006"It is of course important that contingency plans are drawn up but what is equally important is the correct advice. If this is not forthcoming, LA's will ride roughshod over us as is now happening in some areas. So lets start where we mean to go on. Smoking in the garden will not be a licensable activity, drinking in the garden is not a licensable activity. Therefore subject to any structure being portable (i.e. removable, however long that may take) , and not substantially enclosed. No planning permission or building regulations will be required, not matter how hard the LA may force that on licensees. Also what licensees have to be aware of is the, 'if we let you build a structure, you must do this' tactic. It has already happened in Scotland. Also we must be aware of the overt threat of a review if we don't roll over to the LA's wishes. As for the other points about terminal hours, late entry etc, all I can say is whoever advised licensees to accept such conditions was woefully negligent. These would never have been enforceable by the courts. The law is absolute, there would need to be substantial evidence to show that disorder would be likely. So lets not all get carried away lining lawyers pockets for no reason. There are lots of us out here who have detailed knowledge of the whole process. Do your own research, as they say, unless of course you are one of the lucky ones who has money to burn."
