Scottish licensees face smoking ban uncertainty

Licensees in Scotland still face uncertainty over how the incoming smoking ban will be interpreted by local authorities.​ The Scottish Licensed Trade Association (SLTA) is concerned that councils will adopt their own policy towards the ban, which comes into effect on March 26.

The main area of contention is outdoor areas and how they will be classified under the new laws.

As the SLTA understands it, smoking will be permitted in any outdoor area which did not have a roof and in roofed shelters where 50 per cent of the walls were open.

But during a seminar for licensees hosted by the SLTA in Glasgow, environmental health officers (EHOs) said that smoking would be banned in any enclosed outdoor space.

"This caused a lot of consternation among the licensees," said Mr Waterson. "Many of our members have already begun work on having outdoor areas."

However Mr Waterson said that Glasgow had since apologised for misleading licensees.

Licensees will face a £200 fine if they allow customers to smoke in a no-smoking venue, or fail to display a prominent no-smoking notice, while smokers will be hit with a £50 fine if found flouting the ban.

But Health Minister Andy Kerr said: "We have made it absolutely clear what has to be done to ensure compliance.

"The legislation prohibits smoking in wholly or substantially enclosed public places. A structure that has a roof and walls on half or less of the perimeter is not considered 'substantially enclosed' and includes smoking shelters."

Mr Kerr said he would also be writing to all councils seeking their reassurance the legislation will be enforced consistently.

Detailed guidance on the smoking ban can be found at: www.clearingtheairscotland.com

Meanwhile an Aberdeen licensee has revealed he will close his pub on April 1 because it will not survive the smoking ban.

Sandy Robertson, licensee at the Auchmill Inn, in Bucksburn, said he had "no chance" of keeping his business running because 95 per cent of his customers are smokers.

Mr Robertson also warned that pubs in a similar situation to his would face closure.