New smoke-shelter threat to pubs

Pubs that use plants or bushes as the walls of smoking shelters face a new threat of having the structures ruled illegal.

Updated guidance for council enforcement officers on policing the smoking ban gives advice on specific types of shelters used at pubs.

The basic rule is that 50% of the area of shelter walls must be open to the elements. But confusion has surrounded issues such as whether plants or bushes can be counted as walls, and how to judge solid walls that have gaps.

The new guidance from local government co-ordinator Lacors says that where planting is used "to form an outer face of the structure", or is close enough to be deemed adjacent to the structure, the 50% rule would apply.

"In cases of doubt, measurements will be required," it adds.

The Lacors advice is only guidance and it would be up to councils to take action if they see fit. But it could be a blow to operators who invested in plant-walled shelters for smoking customers in time for the ban.

Federation of Licensed Victuallers Associations chief executive Tony Payne called the approach "over the top", adding: "You can get air flow through bushes; it's not like a brick wall."

However, he said most councils take a "common-sense view" regarding regulation of smoking shelters.

The Lacors guidance, which updates advice from 2007, also clarifies what is defined as a roof under the smoke-free law. Regardless of the structure's shape, "if it is closed in at the top by any means or material, then it effectively has a roof".

However, discretion may be applied where the roof is made of "netting that does not impede the egress of second-hand smoke".

Holman slams the guidance​

Smoking shelter expert Tony Holman fears the "ridiculous" guidance could jeopardise existing shelters where plants are used as walls.

Holman, boss of Crown Awnings, questioned how it would take into account issues such as when in the year measurements should be applied, which affects the density of planting.

He labelled the guidance "clearly ridiculous" and said: "We originally had the problem of measuring the size of flowers in the north-west and a notorious borough in London.

"Now every killjoy will jump on the bandwagon and thousands of plants will be destroyed just so we can fill the hospitals with more smokers suffering from the effects of our weather."

He added: "Don't forget about the noise abatement people, who will also have a field day once the sound barrier has gone."