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Ashes to Ashes…
Like it or lump it, the smoking ban comes into force in less than two months. It's one of the most controversial and emotive laws to be passed by the Scottish Parliament in recent years, but it is also a fact of life.
Jo Skailes examines the impact the legislation will have on the industry, and asks its people how they'll adapt, now that the ban is mere weeks away…
In Ireland, the first country to introduce an outright ban in March 2004, Guinness sales fell by six per cent in the following months, a slump with Diageo attributed to the ban.
But, a year after the ban, anti-smoking group ASH said the legislation had 97 percent support in pubs and restaurants, and smokers huddled around outside pub doors were now a very familiar sight. And although bar sales slumped by seven percent in the first months, they had risen by almost five percent by July 2005, indicating pub drinking was gaining popularity again.
But Paul Waterson, Chief Executive of the Scottish Licensed Trade Association (SLTA), an outspoken opponent who led the campaign against the ban, attacked the lack of clarity, instruction and support from the Scottish Executive. He said thousands of people have recently attended industry seminars on the subject and it was clear there was great concern:
'We need consistency and we need an approach from local authorities that is in some way consistent across the country,' he says adamantly.
'We are only weeks away and different interpretations are still being thrown around as to what authorities believe is a smoking area and what is not. That is very worrying indeed for our members. It is not good enough.'
Mr Waterson believes that many people remain antagonistic towards the ban: 'I don't think the hostility about the way it was brought in and rushed through, and the practical problems we have experienced, will go away. The fact is there is a lot of bad blood and we will never lose that. I don't think that negative feeling about the way it happened will ever leave us.'
However, despite its shortcomings, he stressed the importance of approaching the ban positively: 'We are very aware now that this is happening and we have got to take a positive outlook on it.' 'We know from Ireland that those who are well-prepared will be the winners. What we have got to do is accept that it is happening and decide how we can best put it into practice. We have got to be positive; we have no choice.'
Enforcement is an overriding concern across the industry. A publican in County Galway was reputedly the first in the Irish Republic to be prosecuted under the smoking ban in July 2004. Padraig Folan, who runs a pub in Lettermore, Connemara, was fined 1,200 Euros for breaching legislation.
He had originally been warned when an environmental health officer found cigarette butts on the floor and when the officer returned a month later he found customers smoking at the bar. The publican's defence was that he found it very difficult to enforce.
Malcolm Duck, Chairman of Edinburgh Restaurateurs' Association and owner of Duck's at le Marche Noir, said penalties were a big concern:
'We have to police it but if somebody is smoking what are we going to do? It's completely wrong to put staff in that position. What powers do we have? And yet we're the ones who get fined.
Many restaurateurs think it might be beneficial, and they are not expecting a bad hit.
Andrew Henning, Executive Assistant Manager at the Sheraton Grand Hotel & Spa, Edinburgh, feels upbeat about the ban: 'Overall it is going to be positive for the industry, and I think it will be particularly positive in terms of health of the staff,' he says. 'It's happening so just get on with it.'
Smoking facilities were not to be provided at the Sheraton and he hoped to discourage people from smoking outside in the square. In fact he expects to gain new customers now that people are going out more because they won't have to sit in a smoky area.
Ricky Kapoor, Commercial Director of the Old Waverley Hotel, Edinburgh, said they had already introduced a no-smoking policy after a £1.5m refurbishment.
'The initial impact had certain drawbacks, he explains. 'It was something the regulars who smoked unfortunately did not like and I think they started going elsewhere to have a cigarette.
'We have taken it on quite positively. This is a lot healthier for customers and our staff and that is the message we have to get across. At first trade did fall but it certainly picked up again. It makes it a more pleasant environment for families who can bring their children.'
However, it is the traditional smoky boozers who will face the most revolutionary changes.
Christine Ward, owner of The Halfway House on Edinburgh's Fleshmarket Close, is cautious: 'I think everybody is feeling very nervous. It is such an unknown. 'Overall, I think people in city centres will be okay but I feel less confident about people in outlying villages and small towns.
'We are the smallest pub in Edinburgh. We don't have any ground at all and we use a small amount of pavement area but we are not going to be allowed to use any kind of canopy. It is going to be extremely difficult to provide outside shelter and it is very difficult to know what we are allowed to do anyway.'
'The customers are not really complaining about it,' maintains Alec Douglas, Manager of the Cumberland. 'We've got lots of outside space.' However, he did acknowledge that a lot of their customers, particularly students, smoked a lot and it was going to fundamentally change the character of the pub.
Entrepreneur Lee Rooney, who set up a company selling outdoor cigarette bins after 12 months' studying the impact of the ban in Ireland, is positive about the future:
'All traders are thinking of negative effects at the moment but they will find workable systems and move forward from there,' he says. 'We all just need to acknowledge the change is happening and see where it takes us.
'The whole smoke-free atmosphere has enhanced the social experience. Smokers do appreciate not stinking of smoke and not having sore eyes after three or four hours.'
Rooney has noticed that outside-smoking had actually become something of a dating game. Some non-smoking singles were even lighting up as a way of meeting people. 'It's quite an interesting social trend in Ireland.'
Mr Rooney thought secure outdoor ashtrays and bins were the ideal way to combat the ban in Ireland: 'Everyone seems to acknowledge that there is a need for a secure litter solution.'
Meanwhile, Andy Kerr MSP is jubilant about the imminent ban: 'March 26 will be a truly historic day for Scotland,' he says. 'The smoke-free legislation will save hundreds, if not thousands, of lives by radically reducing exposure to second-hand smoke.
As for enforcing the ban, he said they had taken a variety of steps to ensure compliance, which included producing a guide for employers. Local Environmental Health Officers will work with businesses to help them comply with the legislation, and two additional staff will be taken on by every local authority to help enforce the ban.
Conversely, a smoking ban introduced in Spain on New Year's Day has had very little impact. With proprietors of licensed premises under 100 sq ft given the choice of whether to allow smoking or not, lax measurements have allegedly become the norm and no more than two in every 10 have chosen to be fag-free.
Only time will tell how society will be affected overall, but in the meantime we need to get on and make the most of the imminent legislation. Perhaps, in years to come, a weary resignation will be replaced by a happy, successful and healthy hospitality industry, but then we'll probably resent the Scottish Executive for getting it right.
This article has been edited from the original. To view the feature in full, please see Catering in Scotland magazine. To join our database, go to Media Pack on this website and click on Subscribe.
