Smoke ban: councils need a soft approach

Local councils are being advised to take a "softly- softly" approach to pubs that breach the smoking ban.

A new guide for councils on enforcing the smoking ban, from local government co-ordinator LACORS, says: "Initially an educational, advisory and non-confrontational approach should be taken, both before and for a period of time after the legislation comes into force.

"Subsequently, it will become apparent which businesses are making efforts to comply and which are not. Where non-compliance is due to misunderstandings or a lack of diligence, then further information, advice and guidance can be provided.

"However, where it is evident that serious efforts

are not being made to comply, or the attitude is unco-operative or antagonistic, then

a decision to take enforcement measures should be considered."

The guide advises councils to focus inspections on venues "where it has previously been customary for people to assume that they can smoke".

Other outlets to be prioritised are those "open to substantial numbers of people", those that are expected to struggle with compliance, and pubs with partial exemptions such as letting rooms.

And outlets "where regulatory officers do not usually visit as part of their routine inspections under other legislation" should also be a priority, the guide says.

The document recommends three approaches to inspections.

These include official visits, where the enforcement officer announces himself on arrival, and covert visits, where officers work undercover and then announce themselves at the end of the inspection.

Another approach involves an officer inspecting premises undercover then returning later to discuss their findings with the licensee.

LACORS expects 1,200 council officers in England to be trained to enforce the ban by 1 July.