Councils propose smoke-free areas for kids

A number of local authorities are trying to use their licensing policies to introduce controversial anti-smoking measures through the back door.

Despite advice from the British Beer & Pub Association (BBPA), Preston City Council has included a paragraph in its draft statement of licensing policy that will "encourage" licensees to offer no-smoking areas if children are allowed in.

Preston is not the first to try and build smoking restrictions into its policies under the Licensing Act 2003. Mansfield District Council's draft policy had similar wording, which was removed following advice from the BBPA.

Preston's guidance states: "The licensing authority will encourage, where necessary, a realistic no-smoking area to be set aside for use by children where access is permitted. Children will be restricted to this area."

The idea that licensees should be responsible for the health of children and have to impose restrictions on where they are allowed on the premises has angered publicans.

Debbie Trask, licensee at the White Hart in Preston, Lancashire, said: "It's not my responsibility to protect children, surely that's down to parents. We'll ensure they're safe in here but can't promise they won't come into contact with smoke. We have toilets outside our designated no-smoking area. How am I supposed to stop children going to them?"

Manchester City Council is yet to publish its guidance, but the BBPA expects similar wording, particularly after city councillors visited Ireland and returned with a positive view on the smoking ban.

Lee Le Clercq, BBPA regional secretary for the North, said: "I have spoken to Preston and am confident we will see this paragraph on smoking changed.

"Whatever your view of smoking, while it remains a legal activity licensing authorities cannot impose any form of local ban. I wonder if Preston Social Services would protect the children of smokers by taking them into care?"

Responding to the complaints, councillor John Browne, chairman of Preston Council's environmental protection and licensing committee said: "The reason the draft licensing policy contains this recommendation is that the council feels it's important to protect children from coming into contact with cigarette smoke. However, the draft licensing policy is exactly that - a draft."

The local authority moves follow Scottish council Dundee's blanket policy of refusing all children's certificate applications unless the pub promises to go no smoking.