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Pubs warned over smoke ban noise

Pubs are being urged to consider the ‘noise implications’ of the smoking ban - or risk hefty fines.

Law firm Horsey, Lightly Fynn says licensees should prepare now for the ban but remember to consider the noise effects of any outside smoke shelters.

Under the new Noise Act an instant penalty of £500 can be imposed on licensees with fines increasing to as much as £5000 if the matter reaches court.

Equipment may also be confiscated and licences reviewed.

Jon Payne, a solicitor and barrister and a fellow of the Royal Society of Public Health, said: “Experiences in other countries that have imposed a ban on smoking have been largely positive with few problems.

Concerns have been raised that ‘smokers’ will congregate outside licensed premises late at night
Jon Payne, solicitor.

“In England and Wales however we have the benefit of more flexible licensing hours and concerns have been raised that ‘smokers’ will congregate outside licensed premises late at night.

“This could then result in businesses falling foul of the new Noise Act provisions and now is therefore the right time for licensed premises to plan ahead.

“It may be possible to construct ‘smoking shelters’ but gaining planning permission, or changes to a licence, can take time so applications need to be made promptly.”

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