Take advice on planning, pubs urged

Pubs are being urged to seek independent advice on planning decisions surrounding the smoke ban to avoid being caught out by over-zealous councils.

Michael Kheng, director of Lincolnshire-based pubco Kurnia, is worried that some councils may interpret the regulations wrongly - forcing pubs to rethink applications.

He has spoken up following a wrangle involving Kai's bar in Louth, Lincolnshire, which belongs to the company. Kheng claims East Lindsey District Council told his company's architects that plans for a smoking shelter did not comply, as it would be attached to the main building.

But the council has since said the application for the shelter attached to the main building will be considered.

A spokesman for the council said: "Officers from the licensing enforcement and environment team have offered to provide Mr Kheng with an on-site visit to clarify any issues relating to the siting of any proposed shelter. The issues raised by the council are largely based around the potential for noise pollution to adjacent properties."

According to the government's regulations, smoking will not be allowed in areas that are "substantially enclosed". This means walls must surround less than 50 per cent.

Kheng added: "Pubs need to seek advice from somebody experienced in the field or from the BII roadshows before they put in applications and to do it as soon as possible."

Tony Payne, chief executive of the Federation of Licensed Victuallers' Associations, said he was aware of some confusion over the guidelines.

"Some local authorities are saying that people can't stand in the entrance of pubs and there needs to be a gap so smoke does not go in the building, but this needs to be clarified," he said.