Government pursues smoking and non-smoking outdoor options

Ministers have announced that people using pubs, restaurants and cafes will soon have greater freedom to choose non-smoking outdoor areas.

The Local Government Association has said that smoke-free pavements outside pubs, cafes and bars should be introduced to make them more family-friendly and healthy spaces.

However, under the Business and Planning Bill, the government has said that it will not ban outdoor smoking, because banning outdoor smoking would lead to significant closures and job losses. Planning Minister Christopher Pincher maintains that the amendment, although short of council’s requests, will ensure that customers are given more choice by ensuring premises offer separate seating for smokers and non-smokers outside.

He said: “We are supporting our pubs, cafes and restaurants to safely reopen and securing jobs by making it quicker, easier and cheaper to set up outdoor seating and stalls to serve food and drink, whilst protecting public health against the transmission of covid. These changes will allow everyone to enjoy outdoor eating and drinking whether they smoke or not, with appropriate provisions made for non-smokers and smokers.”

Businesses can already make their own non-smoking policies for outside space without the need for regulations. This guidance will reinforce this point, making it clear that the licence-holder has to make reasonable provision for smoke-free seating.

Paulette Hamilton, vice chair of the LGA’s Community Wellbeing Board, said: “Councils have worked hard to help hospitality businesses reopen, including relaxing requirements and making changes to roads and pavements to enable pubs, cafes and bars to operate outside safely with more outdoor seating.

“Pavement licensing should not be a catalyst to increase smoking in public places, putting people at greater risk of ingesting second-hand smoke when they are enjoying a drink or a meal. We urge peers to hand councils the ability to extend smoke-free areas to include pavements so this alfresco summer can be enjoyed by everyone.

“Reducing smoking in public places has been vital to improving public health, which councils are responsible for. Smoking is still the leading cause of preventable death and councils want to work with government on how to keep driving down smoking rates for the benefit of a healthier society.”