Memorandum by the British Beer and Pub
Association (SP37)
The British Beer and Pub Association (BBPA)
represents brewing companies and their pub interests, and pub
owning companies, accounting for 98% of beer production and just
over half of the 60,000 pubs in the UK.
This is a very important issue for our sector
and the wider hospitality industry, and we are keen to work towards
finding the right solutions that can be implemented over an appropriate
period of time.
EXECUTIVE SUMMARY
General
— We would support Government action
which takes a staged approach to smoking in public places, for
example along the following lines:
— By end of 2007: No smoking at
the bar in all licensed premises.
— By end of 2007: No smoking in
back of house areas (eg staff rooms, offices etc) in all licensed
premises.
— By end of 2009/Spring Summer
2010: Our preferred options would be for the trading floor space
in pubs to become predominantly no smoking, with either areas
of the premises specifically designated for customers who smoke
or smoking rooms where practicable.
— We believe that this proposed Industry
Approach is preferable to the proposed exemption for pubs which
do not serve food, since it will reduce the exposure of employees
and customers to environmental tobacco smoke in all pubs.
Timetable
— It is essential that the timetable
is sufficient to enable the pub sector to manage change effectively.
This will also ensure the full support of licensees and staff,
and the re-education and co-operation of customers. We therefore
suggest that the timetable runs to 2009-2010, rather than 2008.
We believe that Spring/Summer would be the most appropriate time
for the law to come into effect.
Membership Clubs
— In the interests of fair competition
and a level playing field for business and employees, it is also
crucial that the same rules are applied to all licensed premises,
including membership clubs.
Definition of Smoking
— In order to avoid any confusion for
both customers and business, and in the interests of clear enforcement,
we believe it would be appropriate not to allow any form of smoking
to take place in those premises where it would be prohibited by
law.
Definition of "Enclosed"
— It is very important that the definition
of "enclosed areas" does not affect what are essentially
outdoor areas, such as patios, pavement areas etc, which do not
form part of the fabric of the main premises structure. We believe
that the acceptance by customers of the ban on smoking in Ireland
has been due in part to the continued availability of choice made
possible by flexible, outdoor structures.
Definition of "Prepare and Serve Food"
— The Association does not believe
that food is the best basis for an exemption for licensed premises.
It is highly likely that a significant number of pubs could sacrifice
food, in order to retain the majority of their customers. According
to the BBPA/ALMR Smoking Survey, we estimate that in the region
of 34% of pubs in our sample alone may be smoking throughout under
the Government proposals.
— We do not see how the protection
of staff can be best achieved by the creation of "smoking
pubs" under proposed exemption, despite ongoing industry
action to ban smoking at the bar.
— The industry is extremely concerned
about any potential adverse impact on binge drinking (as highlighted
in paragraph 41 of the consultation document), and believes that
allowing customers to drink without being able to provide an appropriate
choice of food would be irresponsible.
— Any definition of food will create
arbitrary distinctions which could be confusing for the general
public, who will be uncertain as to whether they can smoke in
a pub or not. This in turn will have implications for enforcement.
We have nevertheless responded to the Government's request for
views on such a definition in our enclosed response.
Signage
— Rather than imposing signage on the
overwhelming majority of premises which will be smoke-free, we
suggest that a more sensible approach would be to require smoking
areas to be clearly signed.
— We do not see the need for the size
and content of signs to be prescribed by regulation.
Offences and Penalties
— We suggest that all three fines for
the breaches outlined should be the same. As an alternative to
discretionary fines, consideration could also be given to fixed
penalty notices.
Enforcement
— Enforcement of the law with respect
to individuals who break it will be key to the success of the
new legislation. The actual practicalities of this aspect of enforcement
need some further thought. Further discussion on enforcement issues
between the parties concerned, including employers across both
the public and private sectors, would be helpful.
No Smoking at the Bar
— The Association supports no smoking
at the bar and believes there is an argument for appropriate regulation
in this area, in the form of a general principle in law supported
by guidance.
Potential Adverse Effect on Binge Drinking
— The industry takes its social responsibilities
very seriously and does not wish to see its work in this area
undermined. Any potential adverse impact on binge drinking as
a result of these proposals on smoking must be avoided. Clearly,
the risk of exacerbating binge drinking exists where Government's
no food exemption is adopted.
Health Inequalities
— While we cannot say for sure whether
health inequalities will be exacerbated as a result of the proposed
Government exemption for premises not serving food, they are unlikely
to be improved or addressed by this approach.
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