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Following the publication of the new Business and Planning Act, the issue of smoking in shared space has arisen.  What are the options for pubs, cafes and restaurants?

The Government has been clear, it will not ban outdoor smoking areas.  However, it said it would: “ensures that customers are given more choice by ensuring premises offer separate seating for smokers and non-smokers outside.”

What does this mean for premises licence holders and DPSs?

The Government’s guidance states: “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.”

Reasonable provision for smoke-free seating includes:

  1. Clear ‘no smoking’ signage displayed in designated areas.
  2. No ash trays or similar receptacles to be provided or permitted to be left on furniture where a smoke-free seating is identified.
  3. Licence holders should aim for a minimum 2 metre distance between non-smoking and smoking areas, wherever possible.

Announcement: https://www.gov.uk/government/news/new-plans-to-ensure-pubs-restaurants-and-cafes-offer-both-smoking-and-non-smoking-outdoor-options

Stephen McCaffrey

Regulatory defence barrister specialising in alcohol and entertainment licensing law, appeals and defence.

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