Smokefree legislation

Other things you need to think about

Going smoke free is not necessarily as simple as just stopping people from smoking on your premises. There are other issues that you may need to consider, such as:

Fire risk

When looking at any outside space where you could allow smokers to go, you must ensure that it does not affect any fire escapes.

You must also ensure that any area where you encourage smokers to congregate is away from materials that could easily catch fire if a lit cigarette or match were dropped.

Planning

Planning controls will apply to many of the works that may need to be carried out for business premises to comply with the new legislation, such as putting up smoking shelters, installing ashtrays fixed to the outside of buildings, and using outside areas for people to smoke.

With smoking shelters, planning permission will usually be required. It is therefore recommended to check with the Council before going ahead with such work.

In some cases, planning permission will be needed to use outside areas for smoking. Examples could include outside areas of pubs and restaurants that have not been used as beer gardens or customer areas in the past.

More detailed guidance on the implications of the new smokefree legislation on planning will be available from the Council by 23 April.

Conservation areas and listed buildings

Although planning permission will probably not be required for reasonably sized fixed ashtrays on the outside of buildings, it may be worth checking with the development control team. Extra care will be needed if the building is listed or in a conservation area. You will always need to make a listed building consent application if your building qualifies, and conservation area consent may also be needed if your premises is in this type of location.

When considering any such applications, the Council will have to consider the effect of the proposed works on the appearance and character of buildings and their locality, and also any effects on nearby residents, particularly from noise, and pedestrian and traffic safety.

More detailed guidance on the implications of the new smokefree legislation on conservation areas and listed buildings will be available from the Council from 23 April.

Noise pollution

Noise could be a problem if your premises is close to residential properties. For example, if you run a pub without a formal beer garden, your customers would normally remain indoors throughout the evening, but the new law could mean that large numbers of people will be congregating outside to smoke.

This could lead to increased noise, which in turn could affect the quality of life for people living nearby.

Another issue could be with more people leaving the premises to smoke before coming back in within minutes; doors opening more often will cause noise from inside the premises to be heard outside.

The Council’s environmental health officers have the power to control excessive noise. Conditions can also be attached to any licensed premises to ensure that noise is kept under control.

Anti-social behaviour

For businesses such as pubs and clubs, thought must be given to how your customers approach the ban.

Will customers going out onto the pavement to smoke be allowed to take their drinks? If yes, what are the risks of this in relation to crime and disorder or licensing issues? One consideration could be to use toughened or polycarbonate glasses.

Preventing crime and disorder is one of the key principles behind the new Licensing Act, and any premises that is thought to be causing problems runs the risk of having its license curtailed or even revoked.

Litter

Cigarette butts are a major cause of litter, and this is likely to increase when the new smokefree laws come into effect.

Special bins for cigarette butts can be bought and are easily fixed to buildings, lighting columns etc (subject to planning requirements). However, you must ensure that these are regularly emptied to avoid litter accumulation on the ground underneath.

The Government is currently consulting on proposed amendments to the Environmental Protection Act and the Street Litter Control Notices Order, with the aim of dealing with smoking-relating litter dropped outside premises.

If the proposals are adopted, local authorities will then have greater powers to deal with such litter. Businesses could be issued with a control order, requiring them to deal with any litter on the street outside their premises.