Pubs in England will face the same restrictions on their outside structures as venues in Scotland when smoking is banned next summer.
That is the proposal from the Department of Health as it launches its long-awaited draft guidelines for next summer's smoking ban.
However, a start date for the ban has not been announced.
It is vital that businesses have plenty time to plan and prepare for this considerable cultural changeRob Hayward, BBPA.
The trade has until 9 October to make its views heard on the proposals.
Under the plans, for any structure that has a roof, smoking will not be allowed if less than 50% of the wall area remains open to the elements.
It defines a roof as "any fixed or moveable structure or device which is capable of covering all or part of premises as a roof. This would include retractable canvas awnings."
The guidelines detail what signage will be allowed. The minimum requirement is that signs must:
- Be flat, rectangular and at least A5 in size (148mm by 210mm)
- Display the "no-smoking symbol" at least 75mm in diameter
- Say: "No smoking. It is against the law to smoke in these premises." (or "this pub" will be acceptable)
Signs must be displayed at "each public entrance to the premises" and "in a position that is prominantly visible to persons entering the premises".
The guide also sets fines for smoking offences. These will apply to pubs in Wales as well as England.
Failure to display a sign will mean a £200 fixed penalty notice for the pub (£150 if paid within 15 days).
Licensees that allow smoking on their premsies can be fined up to £2,500. Smokers can receive a fixed penalty notice of £50.
Smoking will be allowed in letting rooms and in private living areas.
The ban will be enforced by councils, which will be charged with educating the public about the new rules.
Rob Hayward, chief executive of the British Beer and Pub Association, urged pubs to start planning for the ban now the draft regulations are out.
He said: "We are pleased that the Government has published the proposed smoking ban regulations in good time. We are now able to study the details and assess their impact well before implementation of the ban next year.
"It is vital that businesses have plenty time to plan and prepare for this considerable cultural change. They can now start the process of designing outside spaces and communicating with employees and customers what the smoking ban will mean for them.
"In terms of the regulatory detail, we will be focused on ensuring they are easy to understand, simple to apply and do not impose unnecessary complexity or cost on business.
"We would also call on Government to now announce the start date and engage in a comprehensive public communications campaign to ensure a smooth and surprise-free implementation of the ban."
See the draft guidance at http://www.dh.gov.uk/consultations/liveconsultations
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Your CommentsKay Sebburn via email 18/07/2006"The forthcoming smoking ban has to be all or nothing, especially for a small local community pub such as mine. If clubs are given consessions I will be hit badly as I have several clubs in the area, one only 60 yards away. We also need precise rulings from day one not just guidelines and variations, as with the new licences."
Bill Gibson via email 18/07/2006"What many loose sight of in their haste to embrace this legislation is that the majority of inner city venues (Pubs, clubs, bingo halls as well as other recreational locations) form part of a building and may even form part of a residential building accessing directly on to the street or pavement. This then results in many establishments being unable to offer outdoor smoking areas in any form. This in itself raises the subject of unfair competition as a result of legislation being forced upon businesses for which only the large organisations will have the finance available to change their marketing approach. Local licensing and planning authorities are now also considering the impact that outdoor smokers will have on noise, obstructing pavements, obstructing access to residential premises and litter.
The various bodies should consider carefully how this will and does affect the nation before embracing such legislation."
Robert Feal-Martinez via email 18/07/2006"I would like the DoH to clearly show who they have specificly invited to comment. Readers may well be interested to know that of the 120 organisations that were invited to comment of the health Bill only one could loosely be deemed connected to the pub industry, that was The Hospitality Association, whose Chief Executive Bob Cotton had already made it clear he wanted an outright ban. The consultation in essence was rigged. Is this one to be the same.
The below is a very apt email sent to me by a colleague; Pubco chiefs and trade bodies would do well to take note of these comments. This logic and rationale is from someone not even in our industry but puts the whole thing clearly in perspective.
'What many loose sight of in their haste to embrace this legislation is that the majority of inner city venues (Pubs, clubs, bingo halls as well as other recreational locations) form part of a building and may even form part of a residential building accessing directly on to the street or pavement. This then results in many establishments being unable to offer outdoor smoking areas in any form. This in itself raises the subject of unfair competition as a result of legislation being forced upon businesses for which only the large organisations will have the finance available to change their marketing approach. Local licensing and planning authorities are now also considering the impact that outdoor smokers will have on noise, obstructing pavements, obstructing access to residential premises and litter.
The various bodies should consider carefully how this will and does affect the nation before embracing such legislation.
Food for thought for anyone replying taking the arguement beyond that of health, nanny state etc'."
Robert Feal-Martinez via email 18/07/2006"So the consultation document is out all 66 pages in PDF which makes it virtually impossible to follow without printing it out. At least we can now confirm that we are being run by the Scottish Executive, not the UK Government. Why these things cannot be in simple Word format heaven only knows. Oh well another few trees to be destroyed. Anyway it's nice to see the BBPA talking for licensees, shame no one sought to ask a Licensee what they thought. The BBPA's counter parts in Scotland, are still in total confusion over the regulation do we expect anything different from England. Freedom to Choose made suggestions to the Scottish BBPA but they did nothing, other than to roll over to LA's. All we need at Freedom to Choose is £1 from every smoker and we could raise enough money to stop this before it even becomes law. We have that from the DCA (Department of Constitutional Affairs) themselves. So lets stop listening to the BBPA etal, start listening to the truth. The ban element of the Health Bill needn't be enacted."
E B Cant via email, 18/07/2006
If us landlords are again being bounded by red tape, i.e. it's our responsibility to monitor our premises so that people don`t smoke, so we won't get this ridiculous fine that is being banded about.
I want to know