Ministers have been warned that they have only one chance to get the smoking ban right, in submissions delivered to the Department of Health today.
The Association of Licensed Multiple Retailers (ALMR) and the Bar, Entertainment and Dance Association (BEDA) have each told ministers they risk irreparably damaging trade if they get the details of the ban, which is expected to be introduced next summer, wrong.
The two trade bodies criticised the current proposals as being unclear and vague and judged them to be not easily understandable by customers, licensees or enforcement authorities. They urged the government to think again over many of the proposed regulations.
Nick Bish, chief executive of the ALMR, said: "Over a third of pub customers are smokers and this rises to 46 per cent in community pubs. The ban is an opportunity for us to improve our external facilities. But to take advantage of this, operators need clear, unambiguous and above all workable rules. The government's first draft fails to meet this test and unless action is taken, we believe it will undermine support for the ban."
In particular, the groups are concerned that the definitions of "substantially enclosed" areas are vague and unhelpful. They point to suggestions in the consultation document that imply a large umbrellas and awnings could be classified as a roof, leading to some outside areas being required to be smoke free.
Paul Smith, chief executive of BEDA, said: "The lack of clarity is particularly concerning since licensees will bear the heaviest burden if they get their interpretation wrong. The penalties for failing to display a no-smoking sign or for someone smoking in a smoke-free area are disproportionate and unfair.
"We also want the government to give some reassurance to law-abiding licensees that they will not be penalised if a customer smokes and refuses to stop."
Both the ALMR and BEDA said they were concerned the regulations could mirror Scottish legislation, where vague definitions meant local councils developed their own policies and there was no common approach. As a result, when the ban was introduced only 1 per cent of licensees had successfully obtained permission for external shelters - meaning smokers were on the street and more likely to cause problems.