Councils use licensing reform to force no-smoking areas

Two local authorities are bringing in a smoking ban through the backdoor using the new Licensing Act.

Both St Albans Council and Preston City Council are demanding compulsory no-smoking areas on new licences if pubs allow children entry. They claim this is an essential part of their policy to meet the licensing requirement to "protect children from harm".

In its licensing policy, St Albans Council says it will restrict children's access to premises. "Where smoking is allowed any children who are allowed to enter the premises must be protected from second-hand smoke," it states.

"If smoking is allowed on the premises, a room completely separated by a closed door from other areas should be provided."

A spokeswoman for the council confirmed the policy but denied it was a blanket condition and claimed it was only introduced after taking legal advice.

In Preston council's policy it says: "The licensing authority will encourage, where necessary, a realistic no-smoking area to be set aside for use by children where access is permitted."

Licensee Blake Windsor, of the Cock Inn in St Albans, said: "How are we going to do that? We would have to brick up a wall. Children are not allowed in the smoking area but I have no separate room. We could lose a lot of money."

Derek Booth, licensee of the Guild Merchant in Preston, said the council policy is that any pubs who allow children must have no-smoking areas.

He said: "Preston council put in their licensing policy that they want children to sit only in no-smoking areas. We have a no-smoking area but we are a community pub and parents smoke.

"I think they are overstepping the mark. I have said in my application that I will put signs up to restrict children to no-smoking areas. But it's going to create more antagonism with parents asking what right I have to do this."

Martin Rawlings, director of pub and leisure at the British Beer & Pub Association, said: "We have asked LACORS to intervene. The guidance makes it clear that health is not an objective of the Licensing Act. Protecting children from harm is not about their health but physical harm. It's a matter for a straightforward appeal."

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