Licensed Premises and Smoking

HL Deb 20 October 2004 vol 665 cc83-4WA

Viscount Astor

asked Her Majesty's Government:

What advice they are giving to local authorities with regard to the Licensing Act 2003 in terms of their discretion to introduce a smoking ban in public houses, bars and restaurants. [HL4383]

Lord McIntosh of Haringey

Under the terms of the Licensing Act 2003, public health is not a licensing objective. The guidance issued with the approval of Parliament to licensing authorities by the Secretary of State for Culture, Media and Sport under Section 182 of the 2003 Act advises that no attempt should be made to use a licensing condition to impose a smoking ban on grounds of either health or desirability. Licensing authorities have also been advised that the only mandatory conditions that may be imposed are contained in the primary legislation itself, and that blanket conditions which cut across the individual consideration of applications must be avoided. Smoking bans are matters to be addressed under public health legislation and voluntary codes of practice.