Smoke signals

Licensees met to debate what compromises could be reached over the government's proposed ban on smoking. James Wilmore reports.

The government's current proposal on smoking legislation is unworkable - this was the one thing everyone at The Publican Forum on smoking agreed upon. The Department of Health's plan to outlaw smoking in pubs that serve food but allow it to continue in non-food pubs, was routinely dismissed by the licensees who gathered at the Belfry, near Birmingham, on July 20.

Among the problems identified would be defining exactly what constitutes food. Bernard Brindley, chairman of the BII North and licensee at the White Lion Inn, Rugby, which is food-led, said: "I would like the government to say exactly what they mean by food. As far as an environmental health officer is concerned, beer is a food."

There were also fears that local councils would push for localised bans. "I don't want to see the local authorities getting their hands on this and controlling it within their own boroughs, because that could be very dangerous," said Mr Brindley.

Richard Smith, licensee at smoke-free café Bar One Nine in Bristol, agreed. "We must not let individual councils decide the law and do their own thing," he said.

Pubs on the borders of non-smoking areas would inevitably lose out to their smoker-friendly neighbours. Indeed, Becky Salisbury, licensee at the Alford Arms, near Berkhamsted, cited the example of a friend who runs a pub on the border of Ireland and Northern Ireland who is losing customers to her smoking-permitted competitors.

The licensees also expressed fears over disorder issues if people were forced onto the street to smoke.

Clive McIntyre, licensee at the Halk and Buckle, Derby, suggested that shoving people onto the pavements of busy city centres could lead to disturbances. "At least when customers are on my premises I'm in control of them," he added.

Working with government​

So what of the way forward? Despite the licensees' misgivings there was general acceptance that some form of ban would be introduced. But it was felt that working with the government rather than against it would aid the possibility of reaching a compromise.

"The vital thing is that we are united as an industry, including LVAs and pubcos," said Mr Brindley.

Caroline Chambers, licensee at the King's Head, in Hythe, Kent, said: "We need to offer constructive comments on the ban to the government. We need to say to them: 'if you ban it in food-led pubs only, then this will happen.'"

One alternative to the government's plans is to use ventilation to control smoke and allow smokers and non-smokers to mix.

Mike Bell, licensee at the Portobello Gold in West London already has a ventilation system in place. "Our system works really well and I don't think there's anything wrong with having a smoking area," he said. "If we can't accommodate smokers, then they will go home and poison their families."

A third way​

In accepting that a form of ban is now probably the favoured option, it was agreed the industry should try to present a "third way". This would involve pubs that would be hardest hit by a ban being offered exemptions based on factors such as turnover and floor space.

It was mooted that some form of points system should be used to assess whether a pub would qualify for such an exemption.

The licensees also agreed pubs should be permitted separate smoking rooms, similar to those in airports, if space is available. These, it was suggested, would be completely separate from the main premises, with no bar and no staff serving.

The group also called for a reasonable lead-in time to allow licensees to adapt to the measures.

Andy Brooks, licensee at the Laughing Fish, in Uckfield, East Sussex, said: "We are in limbo and I would like some certainty in the next 12 months about what will happen."

It was also agreed that private members clubs should not be given exemptions, as is currently proposed.

"They should be subject to the same rules as us," said Ms Chambers. "It should be a level-playing field because it's for public health and it's an issue of whether staff are affected as well."

Oliver Griffiths, of the industry's clean-air initiative Atmosphere Improves Results (AIR), which supported the forum, said: "The exemptions should be aimed at those premises that will be most affected - the smaller places that are wet-led."

He acknowledged there was a lot of enthusiasm for the idea of ventilation, but added: "It would be a huge gamble whether the government actually accepted it.

"I'm also in favour of smoking rooms, which I think would be an acceptable compromise and would avoid pubs being hit quite so hard as they have been in Ireland."

Background to the ban​

The government's Choosing Health White Paper last November first mooted the idea of a compromise solution. This laid out plans for a general ban and a ban at the bar in all outlets, but with exemptions for pubs that don't serve food and members clubs which vote to allow smoking.

But since the General Election new health secretary Patricia Hewitt, a non-smoker, has shown more sympathy towards a blanket ban.

Bans in Scotland, due next March, and Wales, which is expected to vote for a full ban by 2008, have compounded this view. However, recent Office of National Statistics survey results reveal only 20 to 30 per cent of the UK public favour a complete ban, with most calling for restrictions that would allow both smokers and non-smokers to use facilities.

The latest consultation launched by the government on smoking continues to propose that the exemption for non-food pubs goes ahead and asks for trade and other interested parties to submit their views by September 5.

The Publican will be making its own submission on these issues. To register your views visit www.thepublican.com/smokingconsultation​, email arjf@gurchoyvpna.pbz​ or call 0208 5653054.