Smoking out the truth

We put Publican readers' questions (and a few of our own) to the Department of Health about its plans for a smoking ban. Here are some of the answers...

The health bill may have been published, but the fog surrounding the whole issue of a smoking ban in public places in England and Wales is likely to linger for a while longer yet. While licensees have been told to expect a ban on smoking in all premises serving food from mid-2007, there are too many questions remaining for them to be able to plan with any certainty for their futures.

What, for the purposes of this ban, constitutes "food"? Where, exactly, will pubs which don't serve food be able to allow smoking? And why is the government promoting an option which it was told during the summer consultation on the issue that virtually nobody wanted?

On October 27 users of thePublican.com were asked to put forward some of their remaining questions, and we also threw in some queries of our own - and now we have some answers from the Department of Health.

While a number of questions have proven impossible to find answers to, others were given straight responses. Some certainties are beginning to emerge. We know, for example, that pubs will not be able to go smoke-free during the day but allow smoking at night. And it has been clarified that herbal cigarettes will not be allowed in pubs under any circumstances.

Above all, what is clear, is that with the government promising yet more "consultation with stakeholders" on the details of the Bill, there is still a long way to go before this becomes law.

• What will constitute food when the ban comes into effect? If I buy in sandwiches packaged and sealed off the premises, as supermarkets and convenience stores sell, will I be able to allow customers to smoke? Will I be able to sell bagged snacks which come with pre-packed dips?​
  Jon Singleton, London and others​
  
  "The definition of food will be set out in regulations and we will be consulting further with stakeholders on the detail to make it as simple as possible. We will be publishing draft regulations for consultation in the near future."

If a pub serves food only during lunch time, for example from 12 noon to 3pm, and enforces the ban during these hours, will it be free to allow smoking in the premises after food has stopped being served and prepared?​
Mr Smith, Grantham, Lincolnshire​

"No. Only licensed premises that do not prepare and serve food at any time will be able to decide whether to be smoking or smoke-free. Those that permit smoking will not be allowed to do so in the bar area. This is as set out in the consultation document we published this summer."

If all my staff smoke and I smoke will I still have to enforce the ban in my pub?​
Kim Mitchell, Hemel Hempstead, Hertfordshire​

"Yes, if you are running licensed premises that prepare and serve food, then they will have to be smoke-free at all times. If you are running licensed premises that do not prepare and serve food at any time, then you will be able to decide whether smoking is permitted.

"Those that permit smoking will not be allowed to do so in the bar area and we will be consulting further on the best way to achieve this.

"Our proposals offer the right balance between minimising the risk to workers and non-smokers and retaining an element of choice for those who do wish to smoke with a drink."

Will herbal cigarettes and "hookah" or "hubble-bubble" pipes also be banned in public places?​
The Publican​

"Yes, herbal cigarettes, hookah or hubble-bubble pipes will be treated the same as cigarettes as 'smoking' includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked."

In a pub that doesn't serve food, what would be required to make an area suitable for smokers? I've heard that CCTV, air purifiers and glass viewing have been suggested. Can you simply have a separate area by way of a single door that would be ok?​
David Thorpe, Northborough, Cambridgeshire​

"Regulations setting out the arrangements/criteria for smoking areas will be published in due course."

If I have a pub on two separate levels with two separate entrances - can I keep one as a smoking room?​
The Publican​

"If you are a licensed premises that does not prepare and serve food at any time, you will be able to decide whether to be smoking or smoke-free, as long as there is no smoking in the bar area. Regulations setting out the arrangements and criteria for smoking areas will be published in due course."

Under food safety regulations, beer is currently recognised as a food. Will this now change - and will environmental health officers no longer need to check the cellar and bar to make sure they meet food health standards required for the sale of "food"?​
The Publican​

"Food allowed in smoking pubs will be defined in the legislation to differentiate it from beer."

Why is the government not banning smoking where children are - and letting adults decide for themselves whether they want to breathe second-hand smoke or not?​
Michael Friend​

"Legislating for only smoke-free bars where children are present would not fully protect the public against the harmful effects of second-hand smoke.

"The scientific evidence shows that there are health risks from exposure to second-hand smoke. Those risks are there for adults as well as for children. We know that for people to change their behaviour we need to communicate the facts about smoking, as well as provide support to help them quit the habit." If smoking is so bad for us all - why doesn't the government simply ban the sale of tobacco?​
Keith Langridge, Essex​

"The government has never suggested that smoking should be banned.

"We believe that the proposals in the Bill offer the right balance between reducing the public health risk while allowing an element of choice for those who do want to smoke with a drink to do so in a way which has minimal impact on other people."

Why has the government not considered introducing an indoor air quality standard as is being operated in other countries?​
Bill Gibson, Lockerbie, Dumfriesshire​

"The government always closely studies what happens in other countries to see if there is anything that can be learned. Many countries have decided to legislate for bans.

"There is a lack of good evidence worldwide that any ventilation system, however sophisticated and expensive, will remove all the health risks associated with second-hand smoke."

Why are ventilation options suitable for all manner of highly toxic substances in factories, offices, and kitchens, but completely ruled out for the burning of a few plant leaves?​
Michael McFadden, author of "Dissecting Anti-Smokers' Brains"​

"There is a lack of good evidence that ventilation provides a real solution to the health risks associated with second-hand smoke. That is why many jurisdictions have insisted that smoking goes on outside enclosed public and workplaces."