THE AGENTS

In July the Government published its draft legislation for a ban on smoking in enclosed public spaces, including pubs, restaurants and other licensed premises. This policy has of course been the norm in other types of public spaces for years - aircraft, offices, cinemas etc.

The introduction of the ban has led to a major debate in the pub sector - how to comply with the legislation while

protecting sales and profits.

One of the main challenges will be how to design outside areas that are suitable and attractive to smokers but avoid the replication of the huddles of smokers outside the doors of many UK offices and factories - hardly the most effective way to attract people into your establishment.

As with most legislative changes, the introduction of the ban creates commercial opportunities, and a number of companies are already coming up with solutions for

enhancing outside seating areas to make them inviting to smokers. There may be opportunities for licensees to defray some of the cost of creating such areas by funding or sponsorship from suppliers.

How will pub operators create warm and comfortable external areas that do not fall under the definition of being "enclosed"? These areas not only need to be suitable for customers, they also need to blend in with the style and appearance of the pub and its surroundings.

For premises with gardens and patios, this is likely to be a matter of erecting large fixed umbrellas, canopies and awnings. However, for those that do not have any such areas, the issue may well involve negotiating variations to a lease, or applying for a pavement licence from the local authority.

The role of planning authorities will be significant - clear guidance must be forthcoming from central Government on what the planning requirements are for the creation of suitable areas. Without such guidance there is the very real possibility that local authorities will interpret regulations in very different ways leading to geographical inconsistencies.

With potentially thousands of licensed premises needing to make changes, it is essential planning applications are dealt with promptly and sensibly, and that there is a uniform treatment of applications by local authorities countrywide.