Hospitality trade bodies have warned the Government it has only one chance to get the English smoking ban right and avoid seriously damaging the sector.

In a joint submission to the consultation on smoke-free premises in England, which closed on Monday (9 October), the Association of Licensed Multiple Retailers (ALMR) and the Bar, Entertainment and Dance Association (BEDA) described the current draft guidance as "unclear and vague".

Nick Bish, chief executive of the ALMR, said: "The ban is an opportunity to improve external facilities. But to do this, operators need clear, unambiguous and workable rules. The Government's first draft fails to meet this test."

In Scotland, which introduced its smoking ban at the end of March, vague definitions meant councils developed their own policies and there was no common approach, leading to confusion and delays over planning permission for "covered" outside areas.

The British Beer & Pub Association (BBPA) also questioned the level of fines operators would face if customers smoked on their premises.

Mark Hastings, BBPA director of communications, said: "We are concerned the Government has not yet come up with a fair system of fines. It is totally out of proportion that a licensee could face a £2,500 fine for failing to spot someone lighting up on their premises."

The finalised smoking regulations are expected to be available from the end of November or early in December. At present the ban is set come into force next summer.

In a bid to help operators make the looming deadline, Brigid Simmonds, chief executive of Business in Sport and Leisure, is writing to Ruth Kelly, head of the Department for Communities and Local Government, asking for a fast-track system for smoking-related planning decisions, although so far this has fallen on deaf ears.

Wales is holding its own consultation process, which ends tomorrow (13 October). Its finalised regulations are expected by February 2007, ahead of April's ban start.

• France has announced it will introduce a smoking ban in public places from February next year, although hotel rooms are not included. Some bars, restaurants, cafés and casinos will remain exempt until 2008.

Burning issues

• Vague language and weak definitions in draft.
• High fines for operators of up to £2,500 if customers break law.
• "Excessive" requirements for no-smoking signage.
• No English ban start date.
• Clear, unambiguous guidance required for councils on smoking shelters and planning issues.

By Chris Druce

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