Arun

Smokefree Licensing Issues

Since the introduction of the smoking ban under the Health Act 2006 on the 1st July, Environmental Health has received an increase in the number of complaints concerning noise from people smoking outside licensed premises. This noise stems from people congregating on the public highway, in garden-type areas and noise breakout as people enter and leave premises to smoke. Ultimately, these types of complaints could if not managed lead to Interested Parties requesting reviews of licences from the Licensing Authority and if variations to premises licenses are necessary, Environmental Health may make representations.

Persistent non-compliance with Smokefree legislation can be taken into consideration if your licence comes up for review. This could include relevant indirect issues, such as noise and litter.

• You should ensure full compliance with all conditions on the premises licence is met.  There may be conditions restricting the hours of use of gardens and outdoor areas, make sure you are aware of these.   Having reviewed the contents of the premises licence you may find it necessary to request a variation of your licence. 

• Building a smoking shelter may mean that an application to vary an existing premises licence or club premises licence may need to be submitted. This is particularly important if you anticipate that your customers may consume alcohol in a part of your premises which is not licensed for the sale of alcohol. If you are in any doubt you should contact the Licensing Team at Arun District Council.

• If you place any tables and chairs on the Public Highway you will require a Pavement Licence under the provisions of the Highways Act 1980.  These should be sought from West Sussex County Council Highways Department.  Again these licences may have conditions restricting the times that the area can be used.  You must also note that drinks, glasses and bottles must not be taken onto the highway unless there is a pavement licence permitting use.  

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