Smoke ban regs at last

Trade leaders have reacted with a mixture of relief and anger to the smoking ban regulations issued by health minister Caroline Flint last week.

Mark Hastings, communications director of the British Beer & Pub Association, said: "There are no real surprises in the regulations, but at last, we have a framework that people can work to. A majority of people have already done what they need to do, so for the others it is a case of saying 'get on and do it'."

Tony Payne, chief executive of the Federation of Licensed Victuallers Associations, said: "The Department of Health has at least spelt out what constitutes an enclosed and a substantially enclosed shelter. But my concern is not with the big managed houses, they have the time and the money to comply with the regulations, it is the small self-employed licensees who don 't have the finances that I worry about."

Nick Bish, chief executive of the Association of Licensed Multiple Retailers, expressed anger at the delay in releasing in the regulations and their lack of incorporating licensees concerns. He commented: "All this could have been done a long time ago because nothing has changed from the draft regulations proposed last summer. And in the long review of the submissions, there is no sign that the concerns of operators have been considered, let alone resolved."

He added: "The definition of a semi-enclosed area imposes an onerous burden that will have to be interpreted locally, site by site, and will remain at the whim of the local enforcement authority. For example, the definition fails to understand the issue of courtyards where a single parasol will apparently disqualify the area from being outside."

Bish warned that licensees might end up having to replace their smoking shelters, if local authority planners impose different interpretations of the regulations. "There is still the gamble of investing twice - once for what they think is allowed and again to comply with the local enforcer's interpretation of the rules. This will be a particular burden on the smaller, individual businesses that are going to be at the front line of making a success of the ban."

Bish did applaud the DoH's decision to supply signage free of charge. He added that the ALMR hoped the remaining regulations, which will define exemptions and fines, will "reflect the well argued concern of members and other licensed trade submissions".

definitions of enclosed and substantially-enclosed areas

Enclosed premises are those that have a ceiling or roof and are wholly enclosed, either permanently or temporarily, except for doors, windows and passageways.

Substantially-enclosed premises are those with a ceiling or roof, but have openings in walls. The aggregate area of the wall openings has to be less than half the total area of the walls - doors, windows or other fittings that can be opened or closed should not be included in the calculation.