The Smoking Ban
Frequently asked questions
Will the ban affect my business?
Yes, if your premises are wholly or substantially enclosed.
Are there any exemptions?
Very few exemptions are proposed. The law will affect most public premises, including restaurants, pubs, bars, shops, cinemas, shopping centres, leisure centres, other enclosed workplaces and public transport. It will also apply to private clubs, e.g. rugby clubs, snooker clubs, golf clubs, working men’s clubs, etc.
What is meant by “wholly enclosed” and “substantially enclosed”?
This is an area with a ceiling or roof that – except for doors, windows and passageways – is either wholly enclosed (whether permanently or temporarily); or is enclosed but for an opening which is less than half of the area of its walls.
What this actually means however is a matter of debate and interpretation. In our experience it means, in order to provide a roofed area where smoking is permitted, 50% of the wall space must be open or eliminated.
What about my customers who want to smoke?
The only option is to provide them with a smoking zone which complies with the law, i.e. is not a “wholly enclosed” or “substantially enclosed” area.
What else should I consider for an outdoor smoking area?
You should consider ensuring the safety of people using the area. Lighting should be added if the smoking area is in a poorly lit or isolated location.
For additional customer comfort and to extend the period of use you may also wish to include heat. Heaters and lights can both be integrated into giant umbrellas, free-standing or wall mounted.
Cigarette disposal bins should also be provided.
What should I do if I do not wish to provide an outdoor smoking area?
Where an outdoor area is not being created, and staff and/or customers are required to leave the premises to smoke, you might consider providing cigarette disposal bins at entrances and exits to keep litter to a minimum.
How can I be sure my outdoor smoking area will comply with the new law?
If you are unsure if your proposed outdoor smoking area complies with the law, seek local planning advice in the first instance and if still in doubt seek legal advice. Hundreds of outdoor smoking zones have already been successfully installed where smoking bans have been introduced.
The majority of my customers smoke. How can I be expected to make them stop?
The vast majority of the population are law-abiding citizens and we expect high levels of compliance in areas with new smoking bans as there have been in Ireland and Scotland.
If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette, cigar or pipe or leave the premises, you will not be liable under the legislation.
If after you have taken these steps the person still refuses to stop smoking, you will need to implement your normal procedure for anti-social or illegal behaviour in the premises.
Politely directing a customer to a designated outdoor smoking zone should overcome most difficulties.
Who will enforce the law?
Authorised officers of local bodies, most probably environmental health officers, will fill this role.
I run a hotel. How is this affected by the no smoking law?
Hotels, boarding houses, guest houses, inns and hostels will be covered by the new law. However, it is proposed that proprietors will have the ability to designate one or more bedrooms where the occupants can smoke. Communal areas of your hotel should be smoke-free.
Business impact
Experience in Ireland, Scotland and other countries where smoking bans have been brought in show that hospitality businesses that properly prepare for the changes suffer little or no reduction in overall profitability. Some have experienced substantial gains.
Pubs and bars that have done well under the new laws have prepared by investing in attractive, well lit and heated outdoor smoking zones.
The smoking zones have often increased the total usable customer area of the premises and have given added flexibility to deal with special occasions.
While a slight overall decrease in beverage sales has been noticed in some businesses, this has been more than counterbalanced by increased food sales.
One major pub group, Mitchells & Butler, reported in September that sales in Scotland have increased 2.6% since the introduction of the smoking ban in March. Drink sales fell 1%, while food sales increased 11%.
The Scotsman, in an article headed “Sales soaring despite ban on smoking” in October 2006, said that pubs report new custom from those who enjoy smoke-free atmosphere. One publican was quoted saying “people who might have avoided pubs because of the smoky atmosphere are coming in. Smokers are drinking a bit faster – they are not pacing themselves with cigarettes.”
Colin Church, the manager of Candy Bar in Edinburgh’s George Street, said: “Our trade is definitely up on last year. Outside tables are being used much more than they used to. Our food sales have definitely gone up. Amazingly, I have not had to tell a single person off about smoking.”
*Please be aware that this information is provided as a guide only, before undertaking any changes to your premises in relation to the Smoking Ban you should seek advice from your local authority
Frequently asked questions
Will the ban affect my business?
Yes, if your premises are wholly or substantially enclosed.
Are there any exemptions?
Very few exemptions are proposed. The law will affect most public premises, including restaurants, pubs, bars, shops, cinemas, shopping centres, leisure centres, other enclosed workplaces and public transport. It will also apply to private clubs, e.g. rugby clubs, snooker clubs, golf clubs, working men’s clubs, etc.
What is meant by “wholly enclosed” and “substantially enclosed”?
This is an area with a ceiling or roof that – except for doors, windows and passageways – is either wholly enclosed (whether permanently or temporarily); or is enclosed but for an opening which is less than half of the area of its walls.
What this actually means however is a matter of debate and interpretation. In our experience it means, in order to provide a roofed area where smoking is permitted, 50% of the wall space must be open or eliminated.
What about my customers who want to smoke?
The only option is to provide them with a smoking zone which complies with the law, i.e. is not a “wholly enclosed” or “substantially enclosed” area.
What else should I consider for an outdoor smoking area?
You should consider ensuring the safety of people using the area. Lighting should be added if the smoking area is in a poorly lit or isolated location.
For additional customer comfort and to extend the period of use you may also wish to include heat. Heaters and lights can both be integrated into giant umbrellas, free-standing or wall mounted.
Cigarette disposal bins should also be provided.
What should I do if I do not wish to provide an outdoor smoking area?
Where an outdoor area is not being created, and staff and/or customers are required to leave the premises to smoke, you might consider providing cigarette disposal bins at entrances and exits to keep litter to a minimum.
How can I be sure my outdoor smoking area will comply with the new law?
If you are unsure if your proposed outdoor smoking area complies with the law, seek local planning advice in the first instance and if still in doubt seek legal advice. Hundreds of outdoor smoking zones have already been successfully installed where smoking bans have been introduced.
The majority of my customers smoke. How can I be expected to make them stop?
The vast majority of the population are law-abiding citizens and we expect high levels of compliance in areas with new smoking bans as there have been in Ireland and Scotland.
If you take all reasonable measures to prevent smoking and the customer will not extinguish his or her cigarette, cigar or pipe or leave the premises, you will not be liable under the legislation.
If after you have taken these steps the person still refuses to stop smoking, you will need to implement your normal procedure for anti-social or illegal behaviour in the premises.
Politely directing a customer to a designated outdoor smoking zone should overcome most difficulties.
Who will enforce the law?
Authorised officers of local bodies, most probably environmental health officers, will fill this role.
I run a hotel. How is this affected by the no smoking law?
Hotels, boarding houses, guest houses, inns and hostels will be covered by the new law. However, it is proposed that proprietors will have the ability to designate one or more bedrooms where the occupants can smoke. Communal areas of your hotel should be smoke-free.
Business impact
Experience in Ireland, Scotland and other countries where smoking bans have been brought in show that hospitality businesses that properly prepare for the changes suffer little or no reduction in overall profitability. Some have experienced substantial gains.
Pubs and bars that have done well under the new laws have prepared by investing in attractive, well lit and heated outdoor smoking zones.
The smoking zones have often increased the total usable customer area of the premises and have given added flexibility to deal with special occasions.
While a slight overall decrease in beverage sales has been noticed in some businesses, this has been more than counterbalanced by increased food sales.
One major pub group, Mitchells & Butler, reported in September that sales in Scotland have increased 2.6% since the introduction of the smoking ban in March. Drink sales fell 1%, while food sales increased 11%.
The Scotsman, in an article headed “Sales soaring despite ban on smoking” in October 2006, said that pubs report new custom from those who enjoy smoke-free atmosphere. One publican was quoted saying “people who might have avoided pubs because of the smoky atmosphere are coming in. Smokers are drinking a bit faster – they are not pacing themselves with cigarettes.”
Colin Church, the manager of Candy Bar in Edinburgh’s George Street, said: “Our trade is definitely up on last year. Outside tables are being used much more than they used to. Our food sales have definitely gone up. Amazingly, I have not had to tell a single person off about smoking.”
*Please be aware that this information is provided as a guide only, before undertaking any changes to your premises in relation to the Smoking Ban you should seek advice from your local authority
