Smoke ban regulations out by July 25

After persistent pleas from the Morning Advertiser and trade bodies the Government has finally committed to publishing its long-awaited draft smoking ban regulations by July 25.

The news has been welcomed by the trade which has argued it is vital the regulations are agreed as soon as possible to allow everyone to prepare for an expected start date of this time next year.

The guidance, which will be put out to consultation for three months, will set out the requirements for compliance with the ban in England and give specifications of what constitutes a legal smoke shelter.

The regulations are due to be published for a three month consultation very shortly - i.e. before Summer Recess.​Katie Robinson, DoH spokesman

The MA organised a petition calling for its publication and Janet Dean MP submitted an Early Day Motion in Parliament backing our campaign.

There was growing concern that unless the draft regulations were published before Parliament breaks for Summer Recess on July 25, the trade would be forced to wait until October at the earliest.

However, a Department of Health spokesman told the MA this week: "The regulations are due to be published for a three month consultation very shortly - i.e. before Summer Recess."​

We are very pleased. I had been given an indication this is what the Government was hoping to do. I'm very happy they are willing to commit to writing.​Rob Hayward, BBPA chief executive.

British Beer and Pub Association chief executive Rob Hayward, who has also been pushing hard for the regulations, welcomed the news.

He said: "We are very pleased. I had been given an indication this is what the Government was hoping to do. I'm very happy they are willing to commit to writing."

Hayward said although the final regulations would only be published after the three-month consultation, the draft would at least allow the trade to "concentrate their minds".

"They can start making plans but they won't be able to make formal planning applications," he said.

"Pubs will have to make sure the formal regulations match the draft and local authorities can't work to the regulations until Parliament has agreed them. But I expect the regulations will be agreed pretty quickly after the consultation ends."

To comment on this or any other story email us by clicking this link​

Your Comments​Robert Feal-Martinez​ via email 12/07/2006"At the risk of receioving yet another side swipe from Bob Williams, lets not carried away here. Remember the November Consultations on the Licensing act paperwork etc. The trade was unanimous in condemming the forms. Did it make any difference, 2 years down the line the DCMS are still dithering. Why should the DoH be any different, remember the DCMS was supposed to understand the Industry, the DoH makes such claims, and we have seen with the Act they already intend to embark on a sideways agenda. They have already said they will impliment most of Scotlands regulations. That hardly bodes well given that Scotlands ban in in chaos. Lets see the regs but don't be under any illusions, they will be about as clear as Mud. And I won't say I told you so. Promise."

Loraine McGregor​ via email 12/07/2006"Lets just hope that this time HMG remember to actually consult the licensees and those affected. They seem to have had a slip of memory before and forgot to put them on their "approved list" before they consulted about the ban itself. Oh but never mind - who cares about what people actually want!! - They certainly do not.

Next Friday eh? Don't hold your breath!"

David Wales​ via email 12/07/2006"The smoke ban seems to be of more interest to non smokers as we are asked all the time when its comming in, the non smokers just shrug and say," ill have a fag outside" the quicker the better as far as were concerned."

Diane Evans​ via email 12/07/2006"Robert, why do you care so much?

How come you have the time to comment on evry article about the smoking ban, and write letters to every magazine and public health journal around objecting to the smoking ban.

Dont you have a pub to run??"

George Rowbotham​ via email 12/07/2006"Early release of full datails of the smoking ban are of paramount importance, to enable us to take a look at them and make some very important decisions.

I'd also like to see small village pubs being taken into account and given a fair deal.

My example as follows.

I'm the Lessee of one of three small pubs located in a small village in Essex. There's also a village club within striking distance, which obviously enjoys the freeedom of buying it's products whrerever it can get the best deal, compared to the three pub's all being tied in one way or another.

I myself am part tied ie Beers and Alcopops and find it impossible to compete on prices, so as you can imagine it's very very difficult at all times. If the clubs were to be given special treatment with regard to the smoking ban, I can't see any way forward for myself and my wife other than attempting to sell up.

My lease is also of the fully repairing and insuring type so can't imagine the Brewery having much input into whatever it takes to satisfy the rules and regulations, which will undoubtedley be imposed by the government.

Truth of the matter is that If the ban is'nt as simple as an outside area being accepptable for smoking and does involve any capital expenditure on our behalf again we'll have to sell up.

If the clubs are given the special treatment, I know exactly where my regular smoking customers will disapear to.

Does'nt anyone in the government realise how difficult it is to survive financially running a small pub? We are very hard working honest couple but are simply not able to keep our heads above water and I know for a fact that the smoking ban will put the final nail in the coffin."

Alastair Elliott​ via email 12/07/2006"If the last Consultation process is anything to go by this one will be a complete farce also. HMG have shown that they are not concerned about the Licensed trade by imposing a total indoor ban as opposed to a Compromise that could of seen everyone happy. Diane I have to comment that Robert is only trying to fight for CHOICE and the interests of Pubs and Clubs throughout the Country a lot especially the Wetled ones will be severely damaged by this ban."

Robert Feal-Martinez​ via email 12/07/2006"Diane as always when those individuals who adversely comment on my posts, I have no idea who you are but the question for you to answer is, 'how do you know where I post. Perhaps because you do also but under a variety of names. I only ever use my own. Why do I do it. I am the spokesperson for Freedom to Choose. Spokespersons comment. However more importantly read the post below yours from George Rowbotham. He and his wife are far from being alone, there will be hundreds if not thousands who will have to shut up shop. I have received an email literally minutes ago from Scotland, where it has been confirmed that 2 pubs and 2 bingo halls have closed in Fife since the smoking ban. There have been reports of Rank selling their entire portfolio of Hard Rock sites world wide to consolidate their UK position. They are the number 2 in Bingo halls I think. I do not know whether your in the trade or not but it matters littl