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News Article Comments : Outside smoking banned at pub
A licensee has been ordered to refuse service to customers who smoke on the street outside her pub.
This message must be carried on signs at the entrance and on street-facing windows as a new condition of the licence at the Horse & Jockey in Ross-on-Wye, Herefordshire.
The unusual conditions were imposed at a review, called after a resident asked for the premises licence to be rescinded — and tenant Janis Harmer removed as designated premises supervisor (DPS) — due to noise from within the premises and from smokers outside.
The signs, which must be at least A4 in size, say: “Customers must not smoke on the street outside these premises. Any person failing to observe this condition will be refused further service at the bar upon re-entry.”
The Punch Taverns pub is also banned from using TVs or amplified music outside after 9pm.
Despite the restrictions, Harmer said the council’s decision was “a big relief”, adding, “I thought something would happen to the premises licence or I wou
20 Posts(s) found for this thread: Now displaying page 1 of 2
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kevin o'connor 14/08/2008 11:07:33  |
RE: Outside smoking banned at pub It's no wonder that there are loads of closed pubs in and around Ross. This post replies to this thread |
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Harry Barnett 14/08/2008 11:54:33 |
RE: Outside smoking banned at pub I very much doubt that other licencees in the area will complain at this over zealous condition imposed untill they themselves fall foul of the council from something just as trivial. These people will carry on abusing their powers until they are stopped. Amazing that one complaint can carry so much weight! I wonder if this applies to all shops in the area or just pubs? edited by: Harry Barnett at: 14/08/2008 11:55:19 This post replies to this thread |
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| Forum user 3944 14/08/2008 12:34:29 |
RE: Outside smoking banned at pub How can Peter Coulson say this is the kind of condition that can be imposed? This hasn't been imposed by the authorities because they have no power to impose it. Smoking outside is perfectly legal - the only exception being if the owners/operators of the land say no. It is the licensee who is imposing the ban in this case - which of course she is perfectly entitled to do. But let's not bestow omnipotence on licensing authorities. Too many think they are God Almighty as it is! This post replies to this thread |
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| John Harrington 14/08/2008 12:45:16 |
RE: Outside smoking banned at pub Hi, the condition isn't actually that people can't smoke outside the front but that customers can't. What this effectively means is that anyone who smokes on the street can no longer be served at the bar. But I agree, it's heavy handed stuff. Regards, John This post replies to Forum user 3944 > RE: Outside smoking banned at pub |
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George Baker 14/08/2008 12:48:34 |
So much for the Licensing Officer properly discharging his/her duties and assessing whether an application for a licence review is irrelevant, vexatious or frivolous. Clearly, in the eyes of the South Herefordshire Licensing Authority, there must be a distinction between customers smoking immediately outside the pub versus somewhere else on the street. Simple! If I were running the pub, I think I would be tempted to encourage my customers to go and have a smoke outside the objecting neighbour's house before I allowed them to be served again. Peter Coulson is quite right that the only appeal route to a review outcome is to the magistrates and even if the review decision was overturned it is more likely than not that the Premises Licence holder will have the costs awarded against him. The justice of a banana republic! This post replies to this thread |
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Alastair Elliott 14/08/2008 15:00:39 |
RE: Outside smoking banned at pub The world gone mad again, so it will just move people on next to the pubs boundaries, when is this lunacy going to stop. This post replies to this thread |
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| Chris Bloomfield 14/08/2008 15:18:54 |
RE: Outside smoking banned at pub The pub has been ordered not to serve customers who smoke outside the pub. I would serve the first drink to the 'offender' then make it clear that technically I can't serve the customer another drink as they smoked outside. I would also make it clear that technically, if another non-smoking-outside-customer decided to buy a drink and pass it to the 'offending' customer then I wouldn't have to stop them, and if the non-smoking-outside-law-abiding customer chose to recieve a donation from the 'offender' then that is their business. That's assuming there were indeed any other customers in the pub after this laughable restriction. This post replies to this thread |
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| Ian Mutch 14/08/2008 16:07:38 |
RE: Outside smoking banned at pub What a ridiculous way for a council to behave. The smoking ban whether people like to admit it or not has crucified publicans in this country and many of them can no longer make a living. Had this government piloted their ban in one area they would quickly have realised that the smokers would migrate to the pavements and cause untold nuisance to local residents. As a landlady of 30 years i am all for change , but where does this madness stop. Let us see the government be brave enuogh to ban cigarettes altogether and lose the tax revenue instead of sitting on the fence.Outside is in the open and fresh air, i say this publican should defy the council and continue to allow smoking outside. Liz Mutch This post replies to this thread |
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| Geoffrey Sumner 14/08/2008 16:28:40 |
RE: Outside smoking banned at pub This is a condition that is aimed at addressing the 'Prevention of Public Nuisance' objective, I doubt it is the fact that they are smoking that is the problem, more likely it is the noise that is being created. I agree that this is an unreasonable condition as when does a person beome a customer. Surely if they leave to have a smoke then cease to be a customer and then when they return they become a new customer. As for the cost of the appeal, why is it £400 for a licence holder and £75 for an objector? Surely Punch have a vested interest in this case and could finance the appeal! This post replies to this thread |
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| George Baker 14/08/2008 16:45:04 |
RE: Outside smoking banned at pub Geoffrey, you're quite right to question Punch's laisez faire approach especially when they hold the Premises Licence (I think Punch hold all their Premises Licences whereas Enterprise let their lessees hold the Premises Licences). Doesn't say much for that 'partnership' and 'support' we hear so much about, does it? The system is ridiculously biased in favour of neighbours and other 'interested parties'. Certainly this review outcome should be challenged. edited by: George Baker at: 14/08/2008 16:45:13 This post replies to Geoffrey Sumner > RE: Outside smoking banned at pub |
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