Scots chaos over outdoor smoking

With only two weeks until the Scottish smoking ban arrives confusion still reigns over which type of outdoor facilities pubs will be allowed to offer.​ Many licensees are hoping to utilise outdoor awnings to shelter their customers who wish to smoke once the ban takes effect on March 26.

But according to Paul Waterson, chief executive of the Scottish Licensed Trade Association (SLTA), there is still uncertainty as to what will be permitted by local authorities.

"We are still trying to find out what will be allowed and what won't," he said.

"Every local authority seems to have a different interpretation of the laws. Some are saying you are allowed to put up awnings and some are saying they won't be allowed.

"It can depend on whether a pub is in a conservation area."

The situation promises a repeat of the local authority approach to licensing in England and Wales, which has seen councils interpreting guidance in vastly different ways.

Patrick Browne, chief executive of the Scottish Beer & Pub Association, said he believed the issue centred on whether licensees would have to get planning permission for awnings. "I get the impression that some local authorities will ask for planning permission for outdoor facilities," he said.

But a spokeswoman for the Scottish Executive said: "We have made it absolutely clear what has to be done to ensure compliance with the legislation.

"For the avoidance of doubt, 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 it is legal for people to smoke there."

She added that health minister Andy Kerr had written to all council leaders seeking their reassurance that the legislation would be enforced consistently.

As to whether some pubs would be forced to close under the ban, Mr Waterson added: "There's no doubt that for some landlocked pubs that don't have a food offering, their days will be numbered.

"They will be in a very difficult position."

According to research carried out on behalf of the SLTA this could be around 140 pubs of the estimated 5,000 pubs throughout Scotland.

For Scottish Executive advice on the ban visit www.clearingtheairscotland.com