Pubs face ban over heaters

Pubs could be banned from using fixed heaters in outdoor smoking shelters under building laws that came into force in April.

Instead they may have to use mushroom-style portable gas heaters, which are more expensive to run and emit about 10 times as much carbon dioxide.

At least four London pubs owned by two well-known operators have already chosen not to include fixed heaters in smoking shelters over fears they would fall foul of the Building Regulations 2000, according to Crown Awnings managing director Tony Holman.

Holman called for licensed venues to be exempt from the regulations in his submission for the smoking ban consultation. Part L of the Building Regulations says fixed heating units cannot be used in enclosed public spaces made from non-permanent materials.

This would include awnings or wooden or glass structures, which are used in many smoking shelters. The aim is to reduce carbon emissions.

If councils enforce the regulations, pubs would have to remove fixed heaters from shelters or locate them outside the shelter.

In his submission for the consultation, Holman said: "As nothing made from the materials and products (awnings, wooden and glass shelters, and such) could ever comply with Part L, this means that safe and efficient permanent heating systems such as radiant heaters cannot legally be used."

Holman said the only way to heat outdoor smoking shelters would be to use "very inefficient" mushroom-type gas heaters. Holman also maintained that these were "incredibly dangerous" because they can tip over.

He added: "It seems bizarre that we can heat a pub garden with whatever we like, but as soon as we enclose this to try to retain some heat, we fall foul of Part L and are forced back into Dickensian heating practices."