Letting rooms exempt from smoking ban

Letting rooms will be one of few areas exempt from the blanket ban on smoking, delegates were told at the BII's series of roadshows

They are classed as private residences under the regulations, so guests will be able to smoke in these locations.

According to Ginny Blakey, Welsh Assembly Government head of tobacco policy, pubs with rooms to let will be able to designate individual bedrooms as smoking and non-smoking. These rooms must be marked, and pubs must notify local authorities of their plans for designating rooms in writing. Any ventilation of the rooms must also exit outside of the premises.

The question was raised at the events whether non-smokers would be allowed into designated smoking rooms and vice versa. It looks like a case of only time will tell at this early stage.

Lisa Sharkey, of licensing solicitors Poppleston Allen confirmed that rooms should not be undesignated for a non-smoker, meaning pubs should not knowingly allow non-smokers, even with their consent, into a room designated as smoking.

However, she said this would be established 'depending on case law. There is no definitive answer yet.'

Stephen Thomas, of licensing solicitors ASB Law, and a nominated BII tutor, said: "In pubs that are limited to one or two rooms, designating one of them as no smoking could really effect their margins. If a room is designated as smoking, even if a customer wishes to, they will not be allowed to make use of that room if they are a non-smoker. That is perverse, it will effect profitability and it needs to be looked at."