Prohibitionists never quit: why smoking in licensed pavement areas is still under threat

Continental cafe culture is here to stay as al fresco licences are to be made permanent, reports the Telegraph.

New laws will allow councils to grant full-time ‘pavement licences’ for dining and drinking after success during Covid pandemic.

Good news, I think, for the hospitality industry and good news for our town and city centres that can now benefit long-term from the lively atmosphere that pavement drinking and dining can bring to an area.

But what does it mean for smokers who want to sit outside and enjoy a cigarette with their drink or even a meal?

Here is the current guidance, updated on March 21, 2022:

The national smoke-free seating condition seeks to ensure customers have greater choice, so that both smokers and non-smokers are able to sit outside.

It is important that businesses can cater to their customers’ preferences. The Business and Planning Act 2020 imposes a smoke-free seating condition in relation to licences where seating used for the purpose of consuming food or drink has been, (or is to be) placed on the relevant highway. The condition requires a licence-holder to make reasonable provision for seating where smoking is not permitted. This means that where businesses provide for smokers, customers will also have the option of sitting in a non-smoking area. Ways of meeting this condition could include:

* Clear ‘smoking’ and ‘non-smoking’ areas, with ‘no smoking’ signage displayed in designated ‘smoke-free’ zones in accordance with Smoke-free (signs) regulations 2012.

* No ash trays or similar receptacles to be provided or permitted to be left on furniture where smoke-free seating is identified.

* Licence holders should provide a minimum 2m distance between non-smoking and smoking areas, wherever possible.

Put simply, in order to qualify for a pavement licence, owners of pubs, restaurants and cafes have to prioritise ‘smoke-free’ zones but smoking is allowed at the discretion of the proprietor so there is some element of choice.

In practice the guideline seems to be working well. A handful of councils in England (six out of 340, I believe) have chosen to exercise the option to grant pavement licences only on condition that smoking is completely banned, but since the temporary law was passed in July 2020 (and then extended to September 2022) smoking in licensed pavement areas has rarely been an issue.

I’m sorry therefore to tell you that the idea that anti-smoking campaigners will ever accept the current guidelines is wildly optimistic.

As I wrote last year after Lord Faulkner tabled a 'regret motion' in the House of Lords (Happy anniversary to the Business and Planning Act 2020 (Pavement Licenses)!):

It is clear … that ASH and their acolytes in parliament will not let this issue drop. If and when the Government decides to make pavement licenses permanent rest assured they will demand that outside seating areas are 'smoke free'.

We are now at that point and I would be very surprised if the switch to permanent pavement licences doesn’t lead to yet another attempt to ban smoking in al fresco drinking and dining areas.

I would be surprised too if they haven’t lobbied the Government’s new ‘tobacco tsar’ Javed Khan to recommend a complete ban on smoking in such areas and possibly even beer gardens (to ‘protect’ children).

Either way we’ll be ready and our message to ministers and MPs will be the same as before:

• Smoking outside is not a public health issue because there is no risk to the public so this is a matter for individual businesses not government.

• The hospitality industry needs all the help it can get, not unnecessary and potentially damaging restrictions.

To this we can add:

• The current guidelines are working well.

• If it ain’t broke don’t fix it.

PS. I’d be interested to get some feedback from readers about the impact of the current guidelines on smoking in licensed pavement areas.

In your experience are you mostly allowed to smoke or is no-smoking the norm?

For what it’s worth, in my experience pavement dining areas are generally no-smoking, often voluntarily as most smokers choose not to smoke while they are sitting next to people who are eating.

Seated drinking areas are more of a mixed bag. Ashtrays on some tables are a pretty big clue that smokers are welcome.

I notice however that ashtrays are often absent but it’s my guess (and it’s only a guess) that if you asked for an ashtray you would be given one.

In other words, many establishments are not anti-smoking but they choose not to promote the fact that smoking is allowed.

That’s just an observation so I’d be interested to hear yours.

Update: The Levelling up and Regeneration Bill, expected to be unveiled in the Queen’s speech next week, ‘will provide local leaders with the powers they need to revitalise town centres’:

To support vibrant high streets and communities thrive, pavement licensing red-tape will be permanently scrapped, freeing up businesses to serve food al fresco and attract diners all year round.

During the pandemic, restaurants, pubs and bars were granted temporary powers to serve guests on pavements, helping to mitigate lost floorspace for tables due to social distancing requirements.

Through new legislation, these powers will be made permanent to expand capacity for businesses to boost local economies and inject life into local communities.

See ‘Prime Minister to give local leaders power to breathe new life into high streets’.

Comments

[Pat Nurse]

I just don't go out anymore unless I have no choice because I understand that equality is a scam and authorities provide services only to those elite citizens who are deemed worthy humans who agree with the same type of future envisioned by bullies in councils.

If I thought voting would make a difference I would do it but it doesn't so I don't bother anymore. The Tories who have worked so hard for the socialist Labour vote should know that they threw my vote away - and many others judging by the party's appalling showing in the local elections. Who knew? Vote Tory - get Labour's lifestyle politics. Not for me. Not anymore.

Smoking bans are about politics not health and it is clear that councils, govenments and civil servants no longer strive to serve all but only the chosen few who agree with their vision of a political future.

[Bucko]

Our town had a lot of outdoor drinking areas during the pandemic and some are still in effect now. We also have regular 'festivals' that crop up on summer bank holidays and these come with lots of outdoor drinking too.
I haven't actually seen outdoor eating yet. It might just not be the right environment, space, weather, etc.
I've also not seen any no-smoking enforcement outside. There is only one pub in town with an outdoor non-smoking area and that's on their land. Everywhere I've seen so far with outdoor drinking areas, also allow smoking. Some have ashtrays and some don't bother, but smoking is allowed in all of them.