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 - Tue, Mar 6, 2007

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Total Stories: 50          Published: Wed, Feb 28, 2007



People still in the dark at 'lighting up' ban


There are only eight weeks left. That's just 61 days to the April 30th Smoking Ban.

Yet, how prepared are we?

Despite the announcement for government legislation being made 15 months ago, many people, including our local publicans and restaurant owners, appear to be still very much in the dark as to the way forward.

But, come two months, if business owners and the public are not fully prepared, they could well face a court appearance, a fine of up to £2,500, and a criminal record if someone so much as lights up in an enclosed place.

The matter, however, is not that simple.

For while here in Fermanagh, everyone is aware that the legislation, like it or not, is coming into force, there has been a lack of 'officialdom' put in place to help those concerned get geared up for the prohibition.

Earlier this month, the Federation of the Retail Licensed Trade (FRLT) chaired by Enniskillen restaurateur/licensee, Marshall Coalter, held a seminar on the smoking ban. It was attended by more than 70 concerned businesses, the majority of whom were colleague publicans and restaurant owners.

Despite primary legislation having been passed over a year ago, and a government consultation on regulations closing at the end of October, detailed and official feedback for publicans to work on has yet to be received.

The main bone of contention raised was the backlog in planning applications that is currently preventing businesses preparing to make installations for a non-smoking area in time for the enforcement.

"The biggest worry is that the legislation is coming into force on 30th April," explained Mr Coalter, who is the Chairman of the Fermanagh Vintners Association.

"It is been driven by the government but, due to the backlog of paperwork on planning and building control on desktops, everything has been held back. We feel we can't get going for the time."

Mr Coalter, who owns the Horseshoe and Saddlers in Enniskillen, is currently making final preparations to open a Wine Bar and Bistro in his premises on Belmore Street. Part of those preparations include the installation of a purpose-built smoking area.

"It is a seven by three metre area with retractable roofs. Fifty per cent of the walls are permanent. There will be tables and chairs to allow those who take a smoke to enjoy the ambience and surroundings of the new bistro. This will be ready for 30th April."

Anyone installing a non-smoking area can opt for a roof or no roof but it must have 50% of the walls removed.

Mr Coalter acknowledged that the smoking ban would pose its greatest difficulty for publicans who didn't serve food. He also acknowledged the concern of 'landlocked' publicans, i.e. those who had limited space to erect an area for smokers to go.

He said that the comfort of the customer had to be considered as no publican wanted to see a smoker stand outside in inclement weather conditions.

Meanwhile, Robert Forde, Director of Environmental Health at Fermanagh District Council, has been working to issue advice and guidelines to all concerned. He said that the draft legislation had been approved by the UK government but was currently awaiting a rubber-stamp by the European Parliament.

However, people should expect to see little change once the law was legislated officially, and the method deployed would follow a similar pattern to that already in force in Scotland.

In a bid to prepare businesses, the FRLT seminar raised issues concerning how licensees in Scotland were faring since the ban came into force last spring.

While it was agreed that a winter and a year were required to identify a trend, early signs showed an average trade drop of 11%. Scotland was underperforming the rest of the UK in sales, and food sales were up markedly.

Landlocked premises, 'community' pubs, Monday to Wednesday, and midday older outlets were doing worse while female, family friendly premises, food, and places with smoking facilities were doing better.

In addition to the backlog of planning applications, there is a contention among licensees in heritage areas for awning applications and inconsistencies in planning and licensing. Some people were also smoking in doorways, technically an enclosed space. There has been, however, a high level of customer acceptance and a high compliance rate of 99%. Despite a soft enforcement initially, it has since picked up.

The seminar also raised the issue of who was most likely to profit from the smoking ban. Those who serve food and have outdoor areas stand to be the biggest business protectors. The immediate impacts may include a drop in regular trade, a rise in food sales and outlet experimentation.

The threat to business will arise if one relies on smoking regulars, does not have a smoking area, premises are of poor quality or does nothing to prepare for the ban.


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