Smoking ban likely as
DCMS backs stub-out
by John Harrington
The Government is more likely than ever to push for a complete pub smoking ban after it emerged that the Department for Culture, Media & Sport (DCMS) has recommended the move, the Morning Advertiser has learnt.
The Department of Health looks likely to ditch plans to limit the ban to pubs that serve food after the consultation revealed widespread opposition to the proposal from inside and outside the trade.
Plans for restrictions on smoking will be included in the Heath Improvement & Protec-tion Bill, which could be laid before Parliament as early as 24 October.
Association of Licensed Multiple Retailers chief executive Nick Bish said the final decision on the content of the bill will probably rest with the Prime Minister. But he expects the cabinet to unite behind a full ban after sources within the DCMS indicated that culture secretary Tessa Jowell favoured the move.
'I think the Department of Health has had to think again,' said Bish. 'The feeling is that this will be a cabinet decision taken in about a week's time.
'Tessa Jowell is very close to the Prime Minister and if the DCMS is in favour (of a ban), I don't suppose others in the cabinet for whom it is a less contentious issue would think differently.'
Bish added that he had not heard of a proposed time scale for bringing in the ban.
Meanwhile, London and Edinburgh Inns has set aside a £250,000 budget to fight the smoking ban in Scotland, which comes in next March, by appealing to human rights legislation.
The pub operator wants to convert its outlets in Scotland into members' clubs, with staff and customers agreeing to work or socialise in an area that allows smoking.
L&E executive chairman Alan Bowes said the company will appeal to the Human Rights Act to argue that people have the right to smoke or work in a place that allows smoking.
The company has enlisted the help of Sir Crispin Agnew QC to argue its case. Bowes said the Scottish Executive has the power to decide health policy but not to overrule European law on human rights.
But Morning Advertiser legal expert Peter Coulson said L&E's bid would run into problems because legislation drafted by the Scottish Executive would already have taken into account the Human Rights Act.
