Trade calls for clarity on ban

Trade groups are demanding clearer guidelines on smoking shelters, Government regulation of councils and fairer fines when smoking is banned.

They also want the rules relaxed on smoking signs, but have different opinions on the ban's start date.

The demands have been handed to Government as part of its consultation on the smoking ban.

In a joint submission, the Association of Licensed Multiple Retailers (ALMR) and the Bar Entertainment & Dance Association (BEDA) said the definitions of "substantially enclosed areas" in the draft regulations are "vague and unhelpful".

For example, they imply large umbrellas and awnings could be classified as a roof so some outside areas could be forced to be smoke-free. ALMR and BEDA said getting the guidance wrong could "irreparably damage trade" for pubs.

The BII and the Federation of Licensed Victuallers Associations (FLVA) criticised the consultation for not

inviting comments on what constitutes "enclosed" and "substantially enclosed areas".

The British Beer & Pub Association (BBPA) demanded a "firm lead" from Govern-ment to ensure planning rules for outside smoking shelters are interpreted consistently by councils.

BBPA called for the maximum fine for licensees to be reduced from £2,500 to £200. The FLVA wants it limited to £1,000 and imposed only once licensees have received warnings.

The FLVA also wants the Government to provide no-smoking signs free of charge.

ALMR and BEDA want the period in which pubs must display signs to be limited, while the BBPA wants the use of signs to be reviewed after three years.

The BBPA wants the Government to immediately announce the ban's start date. ALMR and BEDA said the start date should be set after the final regulations are published. FLVA wants the ban to start no earlier than July 2007.

ALMR/BEDA

l Amendment to the definition of "substantially enclosed areas", which is "unclear and unduly inflexible". It should reflect actual rather than potential use of a retractable cover. A new definition of a roof is needed

l The need for specific wording on no-smoking signs "may not be proportionate".

No-smoking signs to be displayed at or near the premises' entrance

l Don't set the ban's start date before the final

regulations are published

l The offence should be "allowing" someone to smoke, rather than failing to prevent them doing so. A due diligence defence should be included

l A "sunset clause"

limiting the period in

which no-smoking signs must be displayed

BB PA

l Immediately publish the ban's start date

l £200 fines for venues that allow smoking

l Signage should be "limited to a reasonable level"

l Requirements for signs at every entrance is "excessive"

l Review the need for signs after three years

l Clear guidance from Government on the planning rules for outdoor smoking shelters

BII

Supports the ALMR/BEDA submission and also calls for:

l Greater clarity of where smoking can be banned in private areas in outlets with accommodation

l Ability to use branded no-smoking signs (for example, standardised signs containing the BII logo)

l Ability to display simple signage only in the pub's entrance

l Clearer definition of what constitutes a club

TUC: go smoke-free early

The umbrella body for unions has called for outlets to go smoke-free before next year's ban to benefit the health of staff.

The Trades Union Congress (TUC) has produced a guide advising on the implementation and enforcement of a ban.

TUC general secretary Brendan Barber said: "With around 700 workers dying every year from diseases caused by passive smoking at work, there is no sensible reason why employers can't be sitting down with staff now to talk about how the ban will happen and how to make every workplace a safer, healthier place to be."

The Negotiating Smoke-free Workplaces guide is available from www.tuc.org.uk/h​ and s/tuc-12227-f0.cfm.

Forest: give pubs tax breaks

In its submission to Government, smokers' lobby group Forest has called for tax breaks for pubs to help them erect smoking shelters.

Forest director Simon Clark said: "This would not only

suggest some level of compassion towards smokers - a quarter of the adult population - but would also be good for pubs and restaurants which might otherwise lose business if smokers choose to stay at home or spend less time on the premises.

"Encouraging people to smoke in an attractive, well-built shelter that can hold a reasonable number of people in

comfort is much better than having groups of people

hanging around outside."

FLVA

l Set fines for venues

that allow smoking at a maximum of £1,000

l Licensees should be given warnings before being fined

l Government should

provide no-smoking signs free of charge

l Start date to be set at July 2007 at the earliest