10 tips for the smoking ban
The ban is imminent and the regulations are now available. Graeme Cushion, partner at licensing solicitors Poppleston Allen, addresses the areas that licensees must consider
The arrival date of the smoking ban has now been confirmed as 1 July 2007 and the regulations in their
final form are now out, so operators should know exactly what they can and can't do in terms of providing facilities for smokers.
Depending on what you decide to offer, the preparations may take significant time and should therefore be started immediately.
1 Preliminary discussions
Talk to your customers to determine what they actually want in terms of smoking facilities, if any. You may, for example, decide not to offer any particular smoking facility due to the small number of smokers who currently come to your premises. On the other hand, you may decide to accommodate smoking with the provision of a fairly basic external area with some form of shelter and ashtrays. You may even decide to go as far as encouraging
smoking by the provision of extensive outside facilities in an attempt to attract more
smoking customers. This will undoubtedly be the more expensive option and the one that requires the most preparation. You should also talk to your neighbours and perhaps the local environmental health officer about noise and, indeed, litter issues arising from the use of an outside area for smoking.
2 Decide what you want to offer
If you decide to offer the use of an existing outside area then it may simply be a case of installing an umbrella and some ashtrays. If you have decided to develop an outside
area, you may need some specialist advice in terms of the types of structures that will be
permitted under the regulations. The chief rule of thumb is that the area in question must either have no roof, or have a roof and be less than 50% walled. You may need to buy some comfortable furniture, as well as provide ashtrays and some form of external heating, given the UK's sometimes extreme weather conditions.
3 Get approval internally
Depending on your operation set up, you may need to obtain approval for your proposal, for example, from the board of directors.
4 Get the consent of your pubco
If you hold the premises under a lease or
similar agreement, then you may need to
obtain the consent of your landlord to carry out any alterations.
5 Signage
The final regulations on signage will be
available shortly. It seems likely that you will have to position signage at each entrance to the premises that says: "No Smoking. It is against the law to smoke in these premises". Given that all premises will have to comply with the signage regulations you should place your order for signs early.
6 Planning
Does your chosen outside area fall within the existing planning permission for the use of your premises? If not, you may have to
apply for change of use. In addition, the building of any permanent structure in an outside area may require planning permission in any event. The distinction between permanent and temporary structures is one for your local planners and you should discuss it with them carefully. You should also make sure that there is no restriction on your planning permission in terms of the terminal hour of usage of any outside area.
7 Licensing
You may need to apply to vary your licence if there are any conditions on it that restrict the flow of people between areas inside and
outside the premises. Sometimes there are conditions limiting the terminal hour of usage of an outside area, or, indeed, preventing the taking of drinks to the outside area beyond the stated terminal hour. Equally, pubs that have later licences may have some
restrictions upon the last entry or re-entry time of customers. These sorts of conditions may restrict smokers popping outside for a cigarette during the later part of trading.
8 Gaming machines
Research shows that the use of gaming
machines dropped dramatically in Scotland and Ireland due to users' inability to smoke while they are playing. This may lead to
operators wishing to put gaming machines in outside areas; this is not impossible as long as adequate levels of supervision are in place. However, since machines must be positioned within the licensed area an application to vary the licence may be required, once again, to
include at least part of the outside area within the licence.
9 Finance
You will need to make arrangements for the necessary finance to carry out your proposed plans.
10 Do it now
Obtain quotes from contractors and instruct your chosen supplier to carry out the work as soon as possible. Remember that time is short, so the sooner you get started the better.
