Reported outdoor smoking ban ‘could cause serious economic harm’

Leaked documents seen by The Sun​ ​revealed the indoor smoking ban could be extended to pub gardens, outside of nightclubs, restaurant terraces, outside sports stadiums, children’s parks, pavements by universities and hospitals as well as shisha bars.

According to The Sun​, the plans mentioned vape-free areas but it was not clear if the ban would include electronic cigarettes. 

UKHospitality chief executive Kate Nicholls warned of the financial impact it would have on the sector.

She said: “A ban on smoking in outdoor spaces comes with the prospect of serious economic harm to hospitality venues.

“You only have to look back to the significant pub closures we saw after the indoor smoking ban to see the potential impact it could have.

“This ban would not only affect pubs and nightclubs, but hotels cafés and restaurants that have all invested significantly in good faith in outdoor spaces and continue to face financial challenges.

“The Government must embark on a full and detailed conversation with affected parties on the impact of such a ban before any legislation is laid.

“It must also assess whether such a ban would achieve its aims of meaningfully reducing smoking or simply relocate smoking elsewhere, such as in the home.”

Licensee of the Weavers Arms in Bulkington, Warwickshire Pete Gilbert has been at the pub for 40 years.

Previously, the pub lost 15% in trade​ during ‘the early days’ as a result of the smoking ban in enclosed spaces in 2007.

Policing concerns

On the reports, he told The Morning Advertiser​: “This is farcical. If this is introduced, it is ridiculous, how do we police it? It has not been thought through. There are enough prohibitive things in place.

“In my business, this won’t really affect me but it’s the policing matter. I’m not going to be able to police this.

“[It is] not a feasible policy for public houses to enforce unless they are going to make us sheriffs. How am I going to police the streets?

“You can’t police the garden in the winter and summer, I haven’t got eyes in the back of my head.

“Policing this is going to be an absolute minefield and they need to think about the people who work in the industry and need to enforce it because it will be unenforceable.”

Moreover, the British Institute of Innkeeping (BII) called for support for the sector.

Chief executive Steve Alton said: "Since the smoking ban in 2007, our members have made significant adaptations to their venues, to accommodate all of their customers. These changes included huge investments in outdoor spaces and diversifying their offer to be able to welcome everyone to their pubs. The significant effects from the pandemic in 2020 are still being seen today including  heavy increases in food, drink, labour and energy, but pubs have time and time again adapted in order to thrive.

“Any further disruption to their businesses would be incredibly damaging, particularly for our small, drinks-led, community pubs, who provide essential connection in villages, towns and high streets across the UK. They have already weathered so much and with only one in four making a clear profit currently, the impact of increased regulation and restrictions on their ability to survive and thrive could be devastating.

“Our pubs need support, investment and a fair and level playing field to be able to remain at the heart of their communities. Without them, their essential role across the UK is at risk."

The Night-Time Industries Association (NTIA) questioned if the plans meant we are becoming a nanny state.

CEO Michael Kill said: “Following the Government leak, which revealed plans to extend the smoking ban to outdoor areas such as beer gardens, spaces outside nightclubs, restaurant terraces and Shisha bars have understandably caused concern across the sector.

“Although smoking rates have seen a significant decline, many have switched to vaping – a trend that, according to these leaks, may also fall under new regulatory scrutiny.

“This raises the critical question: are we on the brink of becoming a nanny state? What is next? While these measures may rightly be driven by public health considerations, they risk dividing opinion and imposing yet another regulatory burden on businesses already facing considerable challenges.”

Kill said at a time when the sector needed the freedom to trade, the last thing needed was further barriers.

Potential implications

He added: “Although many will not be personally affected by these potential changes, it is important to recognise 6.4m people in the UK still smoke, many of whom enjoy doing so in social settings like beer gardens.

“These leaked regulations could significantly impact their lifestyle choices and the businesses that serve them.

“As we consider the implications of these potential restrictions, we must question whether such as approach is truly in the public interest or whether it risks over-regulation at the cost of personal freedom and business viability.”

Furthermore, think tank the Institute of Economic Affairs acting director of communications Reem Ibrahim highlighted the impact on the licensed trade, should the ban come into force.

Ibrahim said: “Banning outdoor smoking would be another nail in the coffin for the pub industry.

“The Government’s own impact assessment concluded that banning smoking outdoors will lead to pub closures and job losses.

“Pubs and other private venues should be able to determine their own outdoor smoking rules – just as they should be allowed to decide whether to play music, serve food or show football on the TV.

“Smoking rates are already declining in the UK, in large part due to smokers switching to safer alternatives to combustible cigarettes.

“The Government should look to countries like Sweden, which has attained the lowest prevalence of smoking in the world not by implement nanny state measures like this proposal but by allowing adults to choose safer and healthier products.”