It had been widely reported that Labour was preparing a beefed-up version of the Tobacco and Vapes Bill, originally tabled by their Tory predecessors in government, with specific provision made for bans on smoking in some outdoor spaces, including those managed by licensed premises.
There was an immediate and heartfelt outcry from the trade, which warned of job losses and pub closures, and pointed out that the sector had only recently invested heavily in al fresco spaces to help it survive the strictures of the Covid lockdowns.
Among these complainants was Kate Nicholls of UKHospitality, who called on the government to embark on a ‘full and detailed conversation with affected parties’ on the impact of such a ban before any legislation was laid.
“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,” said Nicholls.
Stephen Montgomery of the Scottish Hospitality Group said: “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.
“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.”
Colin Wilkinson of the SLTA demanded: “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.”
It is now being reported – initially in The Guardian newspaper – that Downing Street may actually have been listening, and that the continuing delay to the publication of the detailed Tobacco and Vapes Bill is allowing time for the ‘unserious policy’ of a pub garden smoking ban to be excised.
“Nobody really believes smoking outdoors is a major health problem,” one Downing Street official has been quoted as saying.
While the Tobacco and Vapes Bill may still ban smoking in some outdoor spaces, alongside its key provision of progressively raising the legal age to purchase tobacco in the first place, it is now unlikely a smoking ban would cover outdoor hospitality venues because the evidence that it would be of any benefit is ‘too thin’.
UK health secretary Wes Streeting has said that the Tobacco and Vapes Bill will be published before Christmas, whilst conceding that “there’s always those choices and trade-offs about the benefits … and then potential downsides that people raise, either believing that it’s too far an encroachment on people’s lives and liberty or that it might impact on businesses”.
