Another victim of the smoking ban
Saturday, March 1, 2008 Yesterday, in answer to an SOS from a hard-pressed proprietor, I found myself in Braintree, Essex. Paul Keenan runs a live music bar. The smoking ban has not been good for business. Since September, when it became too cold to sit outside in comfort, trade has fallen dramatically. According to Paul, a business that was doing OK is now losing money every week.
Paul was hoping that warmer weather would entice some customers back. Instead, following complaints from a neighbour about the "noise" from people talking in the two outdoor smoking areas, the council has - in effect - closed them down.
Last week, desperate to attract customers, Paul decided to allow people to smoke in one of two bars. (The other remains smoke free.) A council official has already paid him a visit. A letter will no doubt follow. And after that?
I said to Paul what I have said to others in a similar situation. I can't and won't encourage them to break the law because it's not my money or my business that's at stake if they are prosecuted or, worse, lose their licence. (Personally I think it's irresponsible to egg someone on unless they have taken legal advice and know exactly what they are doing and the possible consequences.)
Some argue that they will go out of business anyway, so what do they have to lose? That, of course, is the real scandal. Thanks in part to the smoking ban, pubs all over the country are closing and politicians seem happy to watch it happen. In some cases it's down to bad management or market forces and the ban is just one of a number of factors. But there's no doubt that the ban is hurting many businesses and there's no need for it when a small amendment to the law (allowing licensed smoking rooms, for example) would make a significant difference.
Anyway, we have agreed to highlight Paul's predicament in the hope that the council will help rather than hinder his business. Don't hold your breath.
Reader Comments (4)
Are we a member of the EU or are we not? As we all know, much to my deep disappointment, we are.
Therefore, surely we should recognise EU law?
Read further:
IT IS ILLEGAL TO ASK BAR OWNERS/MANAGERS TO ENFORCE NO SMOKING RULES
According to Italian judment (2005) it is illegal to ask bar or restaurant owners or managers to take on the role of smoke police and to be fined if they do not enforce this law.
As the EU seems to dictate more and more of our laws now, let's hope that they uphold this law
which you can see in its full extent here http://www.raucherbewegung.eu/files/GB_Legal_IT.pdf
Well said Peter, however, haven't you noticed how our government only seem to take on board the parts of the EU law that suit them and none of the bits that suit the taxpayer, ie, their employer?
It is utterly disgusting the way we are being bullied.
I have noticed some of the crowd that stands outside the clubs and bars, where I live are smoking dope. Kids that would not be allowed into such places are standing with them. I wonder how long it will take for the dealers to take advantage of this new market and sell even harder drugs. Or is that already happening?
Marge, It's already happening. The natural progression of these things will never come to light it seems