Outside smoking banned at pub

By John Harrington

- Last updated on GMT

Related tags Premises licence Smoking Bar

Horse & Jockey: a resident asked for a licence review
Horse & Jockey: a resident asked for a licence review
A licensee has been ordered to refuse service to customers who smoke on the street outside her pub. This message must be carried on signs at the...

A licensee has been ordered to refuse service to customers who smoke on the street outside her pub.

This message must be carried on signs at the entrance and on street-facing windows as a new condition of the licence at the Horse & Jockey in Ross-on-Wye, Herefordshire.

The unusual conditions were imposed at a review, called after a resident asked for the premises licence to be rescinded — and tenant Janis Harmer removed as designated premises supervisor (DPS) — due to noise from within the premises and from smokers outside.

The signs, which must be at least A4 in size, say: "Customers must not smoke on the street outside these premises. Any person failing to observe this condition will be refused further service at the bar upon re-entry."

The Punch Taverns pub is also banned from using TVs or amplified music outside after 9pm.

Despite the restrictions, Harmer said the council's decision was "a big relief", adding, "I thought something would happen to the premises licence or I would be removed [as DPS]. That's the pressure I was under."

Harmer said the outdoor smoking ban had had a "marginal" effect on trade. However, she is making it clear that the decision is not hers, but "on the order of the council" according to the signs.

Morning Advertiser legal editor Peter Coulson said the outdoor ban appeared to be "unreasonable, but it's the kind of condition that can be imposed at a review".

He said: "The alternative is to go to the magistrates to say this condition is difficult to enforce, so can you think of one that's more reasonable? But to appeal at the magistrates costs £400, which is a deterrent."

Related topics Legislation

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