Five deadly sins of smoke ban planning

It's important to learn from mistakes - and when it comes to the smoking ban, licensees in England, Wales and Northern Ireland have an opportunity that Scotland and the Republic of Ireland did not.

Pubs in England were given the regulations defining what constitutes an outside area just before Christmas, when the Department of Health finally laid them before Parliament. They confirm an outside area must either have no roof, or have a roof but be less than 50 per cent walled. The guidelines also indicate that both fixed and moveable structures, including canvas awnings, are classed as roofs.

For those pubs which can, there is now no excuse not to act - and to learn from mistakes to which others have succumbed. Here, The Publican identifies the five deadly sins of planning for the ban.

1: Not checking planning permission

Failure to secure planning permission before going ahead can result in fines or even a jail sentence. If a building is listed or in a conservation area, it is very possible you won't be granted permission for any significant redevelopment. It is crucial to contact your local planning department before rushing in to something that may be illegal. This needs to be done as early as possible because of the time it takes to process a request and get an answer.

Punch Taverns has learnt some important lessons from its experience of dealing with the ban in Scotland. Punch regional estates executive Alan Dunn says: "The process of applying for planning permission, ordering and installation will take around three months in total, so plans should already be under way."

Crown Awnings has built up a lot of experience in extensions and installations for pubs in advance of the ban. Tony Holman, Crown Awnings managing director, says: "What is surprising is the number of people who do not know whether the building is listed or in a conservation area, and ignoring this could land you in jail for up to seven years and a £20,000 fine."

Tony has carried out a number of jobs for licensees who had failed to win planning permission. One horror story involves a licensee who happened to be a chartered surveyor and claimed to 'have connections'. Less than a week after the £60,000 work was completed, however, the planning authorities gave him a month to take it down or suffer the consequences, due to the pub being in a conservation area. "We lost £30,000," says Tony.

2: Buying cheap

Buy cheap, buy twice, as the old saying goes. "The simple advice," says Tony, "is to ask yourself what the effect on your business would be if your cheap solution failed, and ask yourself whether your business can afford that failure. Seek funding from alternative sources to get it right first time and grow your business."

The right attitude to take is to think of an outdoor area as a long-term investment that will serve a broader base of customers than just smokers, says Michelle Baker, project director at clean air lobby group AIR, The Publican's Fresh Air, Fresh Thinking partner.

Cheaper awnings and umbrellas tend to be made from canvas and can typically be sourced from Mediterranean countries, Michelle says. Such products are likely to be designed for dry, sunny climates and will sag under rain. More expensive products, typically sourced from Scandinavia, are more suited to our cold, wet and windy weather.

She adds: "Check the installers are using weather-proof materials and that there is a guarantee."

Another pubco acting as a guinea pig for the rest of the trade with its experience in Scotland was Belhaven, which is now owned by Greene King. Stuart Ross, Belhaven group managing director, says: "Don't rely on parasols - it's naïve to think they will have an impact. They get blown to bits. It's worth spending the extra money on a retractable unit."

3: Skimping on the extras

So you've got your hi-tech retractable roof and a beautiful smoking area on the side of your pub, all complying with the regulations. What do you do next?

The answer is not to fill it with poor-quality tables, chairs, heating and lighting, but this is a trap into which licensees fall all too often, according to Crown Awnings and AIR.

Tony says: "This is the arch enemy of the tenancy. Often the tenant completely ruins the effect by going down to B&Q for cheap, plastic furniture. We have seen this time and again, and that brilliant new multi-functional year-round facility your landlord has just paid for is kitted out with white plastic fixtures and fittings. Nobody is using it because it looks like your local church hall, except the beer's dearer."

The results could be even more disastrous if you fail to install lights and heaters safely. Not having them can result in an area being used only as a "smoking ghetto", Michelle says. However, gas burners, in particular, can be a real hazard if you don't consider where you are going to place them. They can be tipped over by customers, and can cause scorch marks or even fires if placed too close to walls of ceilings, Michelle explains.

She recommends electric heating and low-energy lighting on timer systems; measures that will cut down on hazards and, in the long run, bills.

4: Thinking short-term

While a set of tables with flimsy parasols may do the job when the sun has got his hat on in July, they may be a less attractive proposition when they have been battered by months of wind and rain in winter. The resounding message is that outdoor areas should be an investment for year-round use.

Tony labels the majority of parasols "about as much use as a man's nipples". He says that many licensees in Scotland and Ireland foolishly bought parasols in the summer,

thinking they would do the job all year round. That may have been cheaper than installing more substantial shelters, but it has proved a false economy, says Tony.

Despite its advice to the contrary, Crown was contracted by one 'large customer' in Scotland to install parasols across much of its estate, after it had assessed the customer's sites in May and June. Now, after a matter of months, it says it is replacing 80 per cent of them and is finding tenants are angry about their pubco's original decision.

It is worth thinking even further into the future, says Michelle, bearing in mind likely further changes to the law - the Act will be reviewed in three years' time. "The only thing that's going to happen is more tightening," she says. "Make it an expansion, not just a smoking shelter. Always hedge your bets."

5: Not considering the neighbours

Local residents have a lot of power under the new Licensing Act to object to goings-on at your pub, and you are all the more susceptible to this with the noise that outdoor areas will automatically generate.

Michelle believes simple communication with your neighbours, and measures to keep your customers quiet, can go a long way. "Have a word with your neighbours," she advises. "Explain to them what is happening; find a medium ground you can both live with.

"Put up posters outside, reminding your customers of the neighbours and go round and sweep up after them.

"Little gestures to neighbours such as these are big gestures to a licensing board and will stand you in good stead."

Case study: the George

Everyone can learn from the mistakes made by Lynn Adams, licensee of the George in Hamilton, Scotland, and her pubco Belhaven.

After discussion with the pub company, Lynn had a 15ft by 6ft retractable awning installed in February last year. However, the smoking area is in a backstreet that effectively forms a wind tunnel. It wasn't long before the facade onto which the awning was fixed had buckled. Contractors came out and strengthened the fixture with metal arms running up the building.

After several more months, the awning started to sag. Contractors arrived once again in January. Lynn says it is now