Memorandum by the British Beer and Pub
Association (WP 68)
SMOKING IN PUBLIC PLACES
INTRODUCTION
1. The pub industry has always led and been
responsive to customer preferences introducing and expanding food
offerings, family friendly areas and most recently developing
no smoking sections in dining areas (52%—Source: The
Publican Market Report 2004).
2. Government surveys and individual pub
company research show that only a minority of customers (20%)
want to see a total ban on smoking in pubs. The majority (51%)
want to see no smoking pubs with smoking areas.
3. Bars and pubs have always maintained
a preference for voluntary action seeking to provide customer
choice whilst enabling managed change across this diverse, primarily
small-business led industry. Owing to the lack of a contractual
relationship between publicans and the general public, the industry
believes it is essential to educate customers on new policies,
so that they can adapt their behaviour, providing the support
required for new measures to work prior to their implementation.
This approach helps to minimise the potential negative effects
such measures could create.
4. With the above factors in mind, in September
2004, five of Britain's leading pub companies representing over
22,000 outlets (over one third of the sector), set out a new no
smoking policy. The aim was to dramatically increase no smoking
areas in the nation's pubs and bars, leading towards a presumption
of no smoking. The action programme was expanded in October with
a further 18 companies signing up to the plan. Twenty-six managed
and tenanted pub companies, representing over 40%[124]
of the industry are now actively pursuing the policy.
THE INDUSTRY
PROGRAMME
5. The action programme[125],
identifies company commitments and an action timeframe. By the
end of December 2005, signatories to the plan will have in place:
— No smoking at the bar[126].
— No smoking in back of house areas[127].
— No smoking trading floor space increasing
from a minimum of 35% to a maximum of 80% by December 2009.
— A minimum of 50% of restaurant/dining
area[128]
floor space to be no-smoking, moving rapidly to a much higher
proportion.
— Companies will also continue to develop
exclusively smoke free pubs and bars where appropriate and practical.
6. This action:
— demonstrates the industry's commitment
to finding a progressive and deliverable solution;
— is in the interests of staff and
customers;
— upholds the principle of choice reflected
by general public opinion;
— seeks to minimise the possible negative
effects upon the economy; and
— places responsibility on industry
and staff where appropriate.
THE PUBLIC
HEALTH WHITE
PAPER
7. The industry action plan and timetable
was determined following serious consideration of the potential
consequences of various smoking ban options. Many calls have been
made for both national and/or local bans to be implemented in
the UK, but there were strong grounds to reject each approach.
8. Applying a ban linked with food, similar
to that outlined in the Public Health White Paper, was one of
the options considered by the industry. Such an approach is expected
to risk the creation of an incentive for venues not to serve food
in order to attract a predominately smoking clientele. A minority
of venues that do not serve food, or who may choose to no longer
serve it, would not be subject to any action under such a plan.
This could create "smoking dens", which would lead to
an uneven playing field and would not provide universal enhancement
of staff work environments nor customer choice.
9. There may be alternative options available,
which could provide a more workable solution and warrant further
exploration.
CONCLUSION
10. Application of the voluntary programme
will see the provision of no-smoking areas for both staff and
customers expand dramatically within the current year, and at
an accelerated pace over the next four years, without legislation.
11. The pursuance of the industry action
plan avoids time-consuming, costly and inflexible legislation;
minimises the negative effects upon the economy; ensures a practical,
manageable approach; takes into account local, customised solutions—no
two pubs are the same; enables targeted options to be developed
in a consistent manner eg no smoking at the bar, no smoking in
designated food areas; and places responsibility on the industry
where appropriate.
12. However, if legislation is the preferred
Government route, this needs to be implemented nationally and
must be applied equally across all sectors of the hospitality
industry. The staff and customer issues faced by licensees are
no different in public houses, private clubs, restaurants, hotels,
or workingmen's clubs, and preferential treatment or exemptions
remain illogical in a public health context.
13. Publicans should not be forced to make
the choice on whether to serve smokers or non-smokers.
14. If the objective is to move to primarily
no smoking venues and the creation of a universal presumption
of no smoking, we need to advance a solution that reflects the
profile of society, enhances the work environment of staff. This
should also encourage the adaptation of customer behaviour before
implementation whilst maintaining customer choice.
February 2005
124 The pub industry is very diverse made up of managed,
tenanted, leased and independent operations. Over 18,000 pubs
are independently operated. Members of the BBPA account for 35,000
venues, both managed and tenanted. Back
125
The following companies have made this commitment: Arkell's Brewery;
Barracuda Group; Bathams; SA Brain & Co; W H Brakspear; Burtonwood
Brewery; Enterprise Inns; Fuller, Smith & Turner; George Gale
& Co; Greene King; Hardys & Hansons; Heron & Brearley;
Joseph Holt; Laurel Pub Co; Mitchells & Butlers; Mitchells
of Lancaster; Punch Taverns; Scottish & Newcastle Pub Enterprises;
Shepherd Neame; Spirit Group; Daniel Thwaites; Charles Wells;
Weston Castle; Wolverhampton & Dudley Breweries; Yates Group;
Young & Co's Brewery. Back
126
No smoking at the bar-To be imposed while customers are being
served and while they are standing or sitting at the bar. Customers
will be advised that the bar is a no-smoking area through the
use of signage above or on the bar and by communication with staff. Back
127
No smoking in back of house-Includes back of house areas where
staff work including kitchens, cellars, storage areas, offices,
corridors and staff rooms. This does not include accommodation. Back
128
Dining/restaurant areas-An area exclusively used for dining or
as a restaurant. In larger venues this could be a separate room
or section. Customers will be advised in which areas smoking is
allowed through the use of signage as appropriate and by communication
with staff. Back
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