Fair play to the Government.
As things stand ministers are continuing to resist an attempt by peers, the Local Government Association and ASH to ban smoking in new pavement areas licensed to serve food and drink.
Last night the Ministry of Housing, Communities and Local Government issued its own ‘plans to ensure pubs, restaurants and cafes offer both smoking and non-smoking outdoor options’.
The Government will not ban outdoor smoking. Since the existing ban was introduced, businesses have invested heavily in their outdoor areas and banning outdoor smoking would lead to significant closures and job losses. However, today’s amendment [to the Business and Planning Bill] will ensure that customers are given more choice by ensuring premises offer separate seating for smokers and non-smokers outside.
Businesses can already make their own non-smoking policies for outside space without the need for regulations. This guidance will reinforce this point, making it clear that the licence-holder has to make reasonable provision for smoke-free seating.
I must confess that when I first heard of the Government’s proposed amendment to the Business and Planning Bill late last week I was underwhelmed because previous ministerial statements had said that decisions about smoking outside should be a matter for individual businesses.
Part of me felt that the Government had given in too quickly to pressure and that even the ‘compromise’ amendment was unnecessary and a step too far.
I still think it’s unnecessary (smoking outside is not a public health issue) but, politically, the Government had little choice.
The Business and Planning Bill is an emergency Bill designed to help businesses get back on their feet after lockdown. For that reason, ministers are desperate to get it passed before recess. (The Commons breaks for recess on July 22, the Lords a week later.)
Facing possible defeat in the House of Lords on Baroness Northover’s amendment, the Government had to act and table its own amendment.
In the circumstances, therefore, I think the amendment is the best we could expect, and credit to the Government for declaring unequivocally that it “will not ban outdoor smoking”, which it didn’t have to do.
Moreover, existing licensed areas outside pubs, cafes and restaurants are not affected by this amendment so if smoking is currently permitted by the proprietor that shouldn’t change.
Politically however this is not yet over. Peers still need to support a compromise that gives proprietors the option to provide both smoking and non-smoking sections in new pavement areas.
However, with even the Government’s amendment tilted in favour of the provision of non-smoking areas where food is being served, I really can’t see why any peer would vote against it unless they’re so anti-smoking they want smokers driven away completely, regardless of the impact that might have on a hospitality industry that needs every customer it can get.
Some of you may see this as a compromise that will further restrict where smokers can light up, and I understand that.
In the circumstances however it’s probably the best we could hope for. I’ll keep you posted on whether peers support it.
PS. I am currently booked to discuss this on Sky News at 11:45.