Will UK’s latest tobacco clampdown lead to a beer garden smoking ban?

By Dave Hunter

Trade groups and operators have voiced concern after it was suggested that the trade may have to cope with the smoking ban all over again as a new ban on smoking in outdoor areas such as beer gardens is discussed at Westminster. 

The Labour government had already agreed to proceed with the Tobacco and Vapes Bill introduced under the previous Conservative government. However, speculation is rife that the Bill could be amended to include a ban on smoking in outdoor spaces.

Although that ban would apply only in England, the Scottish Government told SLTN that it has a ‘shared goal’ to ‘eradicate tobacco use’. 

A spokesperson for the Scottish Government said: “We welcome the UK Government’s commitment to reintroduce the UK-wide Tobacco and Vapes Bill. The exact provisions and applications to Scotland are to be determined and would need approval by Scottish Parliament.

“Smoking causes huge harms to individuals, their families and loved ones and wider impacts for the NHS and society. It is a major contributor to health inequalities. 

“All of which is why our shared goal is to eradicate tobacco use.” 

“The government must embark on a full and detailed conversation with affected parties on the impact of such a ban before any legislation is laid” – Kate Nicholls

But Kate Nicholls of UKHospitality argued that a ban could impact on hospitality businesses already struggling. 

“The government must embark on a full and detailed conversation with affected parties on the impact of such a ban before any legislation is laid,” said Nicholls. “It must also assess whether such a ban would achieve its aims of meaningfully reducing smoking or simply relocate smoking elsewhere, such as in the home.”

Stephen Montgomery of the Scottish Hospitality Group said the topic ‘has raised many eyebrows’. 

“Concentrating on policing the law which already exists at hospitals would be a good start, before even thinking about placing more burdens on hospitality businesses” – Stephen Montgomery

“Nobody would welcome smoking back inside our businesses, but to go as far as banning smoking in beer gardens is a step too far, especially after the financial costs that businesses went to in making beer garden areas such a great place during the pandemic,” he said. 

“Concentrating on policing the law which already exists at hospitals would be a good start, before even thinking about placing more burdens on hospitality businesses.” 

And Colin Wilkinson of the SLTA said any further legislation ‘is the last thing that is needed for the industry’. 

“Are we going to have a member of staff permanently allocated outside to ensure compliance?” – Colin Wilkinson

“Where is the evidence that such a measure will have any significant improvement on smoking cessation and how is this going to be policed from the business owners perspective?  

“Are we going to have a member of staff permanently allocated outside to ensure compliance? If a restriction on smoking in outdoor areas in licensed hospitality venues does come into being then we will see customers moving just beyond the designated ‘outdoor area’ and into the domain of the public pavement;  I am sure that will go down well with pedestrians.”

“I wish they would just leave us alone to get on with our well-managed business and stop interfering” – John Tindal.

That was echoed by John Tindal of Leith pub Teuchters, which has a sizeable outdoor area. Tindal said people moving outside of his beer garden to smoke would create more work as staff would have to ensure they weren’t bringing drinks with them. 

“I wish they would just leave us alone to get on with our well-managed business and stop interfering,” he said.