Outside areas facing squeeze

Fresh concerns have emerged over a possible threat to outside smoking areas under next year's ban.

Submissions to the consultation on the details of the ban - which closes today (October 9) for England and on October 13 for Wales - have drawn attention to measures proposed by the government which could make it harder for smokers to light up outside pubs next summer.

The controversy centres over the definition of a "substantially enclosed area".

Nick Bish, chief executive of the Association of Licensed Multiple Retailers, said: "This is an area of huge concern to the trade at the moment. We are fearful that the government is trying to tighten up some of the loopholes that have appeared in Ireland."

The point is one that is being made in a joint submission to the consultation being put in by The Publican and Club Mirror - the magazine for private members' clubs.

The submission includes the joint research carried out between the two publications earlier this year, which showed that most licensees want more than six months to prepare for a ban.

Other demands made in our submission include:

* Rate relief to be made available to pubs facing hardship as a result of the legislation

* That the offence of failing to prevent smoking in a smoke-free place - currently suggested as £2,500 - should be brought into line with the offence of smoking (currently £200)

* One single start-date in England, Wales and Northern Ireland.

In its own submission Westminster City Council is pushing to take the legislation one step further by introducing a ban on smoking on pavements outside pubs.

Audrey Lewis, the council's member for licensing, said: "Smoking on pavements outside pubs is one of our big problems, it's a hot issue and causes a big nuisance for people in terms of noise."

When is a roof not a roof?​

The proposed regulations for England, Scotland and Northern Ireland each state that "any fixed or moveable structure or device which is capable of covering all or part of premises as a roof" - which could include retractable awnings or parasols - " will be included in the definition of a roof.

Any areas which are deemed as having a roof will be subject to regulations stating that if openings in the walls around them are less than half of the total area of walls, smoking cannot be allowed.

The regulation would cause particular problems for pubs with small courtyards where retractable awnings or umbrellas cover most of the roof area.

See www.doh.gov.uk/consultations for more details