Scottish pubs say smoke ban guidelines delay hit preparations

Edinburgh licensees are asking the city council to speed up the planning process for smoke shelters.

Concerns were raised after councillors called for smoke shelters with no planning permission to be pulled down.

However, licensees say the delay in producing smoke ban guidance and regulations meant they had very little time to prepare.

Paul Waterson, chief executive of the Scottish Licensed Trade Association, said legislation on the planning process for installing ashtrays and awnings had been unduly delayed.

"The whole timescale for the ban was unrealistic and unachievable,"​ said Waterson.

"The final regulations weren't passed by parliament until a short time before the smoking ban came into force."​

He said until pub licensees knew the regulations were passed, were in no position to plan for the ban.

He added: "We think the council should make special exceptions to speed up the planning process."​

The calls come as a Leith bar faces tearing down an awning installed without consent.

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Your Comments​Robert Feal-Martinez​ via email 20/04/2006"This is an all too familiar occurence in modern government. What they can't achieve legitimately they do by perceived incompetence. We had this in England and Wales over Licensing, hence the complete 'horlicks'. The SE do not people to smoke outside so they create an impossible situation. What the Scottish Trade need to do is get behind a test case and take it to Judicial Review. That way the court can say that LA's will not be allowed to take enforcement action until they have considered an application. What the Scottish tarde also need to do is investigate whether planning is required in the first place. Many structures only need building regs, as they are not buildings."

Robert Feal-Martinez​ via email 21/04/2006"Further to mu last post I have just established from the UK's biggest and most well known Awning Manufacturer that retractable awnings only need planning permission if they are on a Listed Building. This is the Case throughout Great Britain. So fellow Licensees, if you are thinking of installing one. Just go ahead and do it."