Legal advice: making smoking ban alterations

Premises licence-holders are starting to consider the best way to work with the impending smoking ban. Those premises lucky enough to have a garden, yard, or other outside area, are looking at possible structural alterations to provide shelter for the expected increase in usage when smokers have to go outside.

If you own a listed building, however, you will have to prepare for additional delays and possibly a struggle to get permission.

Listed buildings

Listed building status ensures that the architectural and historic interest of the building is carefully considered before any alterations, either internal, or external, are agreed.

Many pubs have come under the English Heritage microscope in recent years, as preservation of the best examples of pubs has been an area of particular interest, along with mills in Manchester and Royal Navy Dockyards. Although this may bring kudos, the downside is a swathe of new listings.

Not listed? Read on...

Even if you are not currently listed, you may not be completely in the clear. Members of the public are entitled to bring non-listed premises to the attention of English Heritage if they feel the integrity of a building is being threatened, and apply for a Building Preservation Notice.

In extreme cases they can apply to the Department of National Heritage for an emergency procedure known as 'Spot Listing'.

Even if neither procedure results in an eventual listing, the building is treated as listed until such time as the premises are assessed. This can be for a period of up to six months. The practical effect is a delay in carrying out planned alterations.

Penalties

It is an offence to alter or extend a listed building without listed building consent and the penalty can be an unlimited fine and/or up to 12 months imprisonment. Also, don't forget that if your proposed alterations would amount to development for which specific planning permission is required, you will need to get planning permission in addition to your listed building consent.

A future article will look at this aspect in more detail.