The government's guidelines for the forthcoming smoking ban in England have received a mixed response from the trade.
The guidelines explain how the ban, which comes into effect in summer 2007, will be implemented and cover issues such as the definition of an enclosed area, the signage required and how the law will be enforced. Trade associations have welcomed the guidelines.
"On the face of it they've achieved the objectives we set out," said Mark Hastings, communications director for the British Beer & Pub Association.
"They're easy to understand, simple to apply and they provide a framework for the ban that's flexible enough for pubs to operate within."
John McNamara, BII chief executive, said: "At last we have the chance to comment on the regulations on the smoking ban in public places. We hope that following the initial consultation period that the regulations will be finalised and published before Christmas. This would help all our members to adapt to the 2007 timetable, which has yet to be agreed.
He added: "We need to look at the smoking ban from a positive position and we will help all our members to prepare for the change over the coming months. We will be looking carefully at the consultation and ensuring that we represent our members' views as comprehensively as we can."
The guidelines confirm that the definition of enclosed and substantially-enclosed spaces will follow the model set out in Scotland's regulations.
But some concerns have been raised over the level of fines detailed in the guidelines. Smokers who light up in a pub will face a maximum fine of £200, while licensees who allow smoking on their premises will be fined up to £2,500.
"The level of fines is the only issue we have," said Mark Hastings. "We'd like to see a move towards punishing the offender rather than the licensee who is more of a 'victim'. We're looking at how we can address this issue."
Licensees react
David Salisbury, licensee of the Alford Arms in Berkhamsted, Hertfordshire:
"It's pretty much suck it and see. I don't have an issue with the ban itself but I do feel we're still lacking in detail about how it's going to work."
"The guidelines say we have to display several signs which have to be worded very specifically. If there's a blanket ban I simply can't understand why we need to pay for lots of signs - people will know they can't." smoke indoors
"It seems unfair that licensees could be fined so much money. Licensees can get intimidated like other people and if a load of customers decided to light up there's not much we could do about it. It seems a very heavy punishment."
Mary McHendry, licensee of the Red Lion, Peterborough:
"I'm on the fence about these guidelines as 60 per cent of our customers are smokers and the guidelines are going to be difficult to implement without losing a lot of custom.
"The fines are tough, I think its hard as a landlord can't be everywhere at once. If a customer is stubborn enough to smoke there is going to be aggression and maybe from some groups confrontation"
Neil Smith, licensee of the Kings Arms, Colchester:
"The knock on effect won't be to bad for us, as we have a non-smoking section anyway and 85per cent of our take is food"
"The fines are a load of old bollocks, it's the biggest load of a money making the government has increased, its just a tax"
Sally Shakleton, licensee of the White Hart, Leicester
"The fines are very steep, as you can't watch every area of the pub, like the toilets, so its going to be hard work.
"The new signage doesn't bother me, its just one of those things that has to be done. End of day its going to come in so people are going to have to like it or lump it".
The guidelines explained
Enclosed and substantially-enclosed spaces
The definitions of enclosed and substantially-enclosed spaces will follow the model already implemented in Scotland.
* Premises will be considered enclosed if they have a ceiling or roof (which includes any fixed or moveable roof which can covering all or part of the premises as a roof) and, except for doors, windows or passageways, are wholly enclosed. This covers permanent or temporary structures.
* Premises will be considered to be substantially-enclosed if they have a ceiling or roof, but there are openings in the walls which are less than half of the total area of walls.
Signage
Pubs will have to display a no-smoking sign in a prominent position at each public entrance.
The signs must:
*be a flat, rectangular sign with at least A5 size (148mm by 210mm)
*display the no smoking symbol at least 75mm in diameter
*State: "No smoking. It is against the law to smoke in these premises." The words "this pub" can be substituted for "these premises".
Enforcement
The following local authorities will be responsible for enforcing smoke-free legislation:
*County councils
*District councils, which are the sole principal councils for their areas
*London Borough councils
*The Common Council of the City of the London
*The Council of the Isles of Scilly
Private accommodation
In the guidelines the government says it has no intention to make private residential space - which includes owner's accommodation in pubs - smoke-free.
It will be entirely up to the person who lives there whether people are allowed to smoke in the premises.
The only exception to this is in when accommodation is shared by several people and has areas that are open to the public - shared passageways or entrance halls in blocks of flats, for example.
Guest accommodation
Smokers will still be allowed to light up in hotel rooms under these guidelines. They say that a bedroom in a hotel, guest house or inn will not have to be smoke-free if the person in charge of the premises designates that room is not smoke-free. So licensees who have letting rooms can choose whether or not to allow smoking.