Licensees could be forced to sweep streets
Licensees are being warned they may be forced to clean up cigarette butts dropped anywhere in a 100-metre area outside their pubs when the July ban comes in.
Licensing lawyers Poppleston Allen say new legislation - currently in its draft form but designed to be law by the start of the smoking ban - will place the emphasis for removal of the cigarette litter deposited outside the pubs firmly at the door of the premise licence holder.
Consultation on the extension to Street Litter Control Notices ends today.
If you are in a position where smokers will exit the premises onto the public highway you should make provision now to collect your patrons butts Graeme Cushion of Poppleston Allen.
The measures, if adopted, could see licence holders being required to clean an area up to 100 metres adjacent to their premises.
Local authorities will have the power to issue Street Litter Control Notices (SLCN) compelling premises to clean the area if they decide the butts are an unacceptable litter nuisance.
Graeme Cushion of Poppleston Allen said: "Currently dropping litter on the ground is an offence, the definition of litter has been widened to include smoking materials and smoking waste.
"Local authorities can issue fixed penalty notices to the person dropping the litter. Now the local authority may also be able to issue the SLCNs and enforce the requirements placed on the premise licence holder to keep the area clean.
"If you are in a position where smokers will exit the premises onto the public highway you should make provision now to collect your patrons butts.
"Providing a cigarette disposal bin and requesting that patrons use it to discard their cigarette butts is important.
"Some council's may reach agreement with premises that they will empty the bins for you otherwise you should ensure the bins are regularly checked and any smoking materials discarded on the ground are removed."
