The Smoking ban and the 3 A’s

Tobacco is the only legally available consumer product that kills when used entirely as it is intended. 114,000 smokers die as a result of their addiction every year in the UK; and, consequences of this habit are not isolated to smokers - 10,000 non-smokers each year die prematurely as a result of second hand smoke.

It is powerful statistics like these that has fuelled the Government’s motivation to implement the regulations created by the Health Bill, consequently introducing a smoking ban due to come into force in England on 1 July 2007.

A balance needs to be struck between protecting the right of the public to be in a comfortable environment, and the right of smokers to have the freedom of choice to smoke. With this in mind, operators have the option of taking one of three approaches to the impending change of law, these are: Avert, Accommodate or Attract. However, in implementing any of these strategies operators must address planning and noise nuisance issues that may arise as a result of the ban.

Avert smokers

This avenue may be preferable to premises that are particularly focused on food, market themselves as family orientated or, indeed, premises where the majority of customers are non-smokers.

The objective of averting smoking customers can be achieved by designating the entire premises as non-smoking. By providing a non-smoking environment the opportunity to market to non-smokers can be taken advantage of. In adopting this strategy a business can achieve and benefit from the realisable opportunity that by appealing specifically to non-smokers trade can be increased. Non-smokers will be more likely to visit a premises and spend time and money there if the environment is smoke free and comfortable.

Accommodate smokers

Many premises will aim to achieve a middle ground, when implementing the smoking ban, to satiate the needs of both smoker and non-smoker clientele. Providing a smoking area will achieve an element of harmony and allow smokers and non-smokers to share the premises. When implementing this; however, it will be essential to comply with The Smoke-free (Premises and Enforcement) Regulations 2006. For advice to ensure that you are compliant please contact Maitland Walker;s licensing team.

Attract Smokers

Marketing specifically to smokers, and making a premises a smoking friendly place can protect and encourage trade. Approximately 50% of all visitors to licensed premises are smokers, and this number can be taken advantage of.

This option may be best suited to premises that have relatively large outside spaces to utilise. By modifying these outdoor areas to allow smokers to smoke in a comfortable environment a real selling point is created. The use of outdoor heaters, outdoor furniture and weather-protected areas may attract smokers to attend the premises, have a cigarette and ultimately spend money. It may be necessary to employ a landscaper or designer to help realise this opportunity; however, smokers are a large demographic and if marketed to well, could increase sales as a result of the ban.

This option does not come without hurdles. Any changes to the outside of the building, which are not temporary, will need to have planning permission granted. It is advisable that if a premises has ambition to modify garden areas by erecting weather protection coverings that planning permission be applied for as soon as possible in preparation for the ban.

Similarly, if the outside area of a premises is not included in the licence, then a variation application will need to be submitted to incorporate this area. If the licence does cover outside space, it will be important to check if there is a condition restricting the terminal hour of its usage, if there is, an application to vary it may need to be served. Another consideration in regard to the premises licence is that there may be a condition concerning last-entry and re-entry to the premises, this will subsequently affect any customer that wishes to exit the premises for the purpose of smoking, as they may be refused re-entry to the premises. It is important to acknowledge that any application for variation of the licence will need to be applied for as soon as is practicable.

With both these aspects the consideration of local residents must be borne in mind, and should not be disregarded. The use of outside space for smokers may lead to potential noise nuisance and disturbance within local residents, licence holders must be sympathetic to this.

Conclusion

In essence, there are many considerations for licensed premises to deal with in preparation for the ban. The best way to ensure that your business does not suffer as a result of the new laws is to plan ahead. It is vital to evaluate your premises and its clientele so that a customised plan of action can be put in place to try and make the most of the new Regulations. For advice on how your business can best deal with preparations for the impending ban, please contact the licensing team at Maitland Walker solicitors.


As this information has been prepared by Maitland Walker Solicitors as a general guide, we recommend that you seek specific professional advice before acting upon the information contained within it. No liability can be accepted by Maitland Walker for any action taken or not taken as result of this information. Maitland Walker is regulated by the Law Society.