On that day, Keir Starmer said that he would lead a government that would “tread more lightly on people’s lives.” That seemed highly unlikely at the time, and so it has proved. He has now expressed his support for proposals that would extend the current indoor smoking ban to pub gardens, restaurant terraces and other outdoor areas including areas outside hospitals and sports grounds.Well, what is done is done. Expect a big ramping up of lifestyle restrictions and sin taxes in the coming years. For your own good, of course. And if you think the pub and brewing sectors won’t be affected, you’re in for a big disappointment.
— Pub Curmudgeon πΈπ» (@oldmudgie) July 5, 2024
The ostensible reason for this is to improve people’s health and “protect the NHS”. However, it is questionable to what extent it will actually deter people from smoking, and the idea that that environmental tobacco smoke in outdoor areas, where it is rapidly dispersed into the air, represents a meaningful health risk **, is ludicrous.
The real motivation is to further demonise smokers and undermine the pub trade. There can be no doubt that this will have a significant negative impact on pubs, particularly wet-led pubs. Currently pubs can accommodate smokers up to a point, even though they are forced to treat them as second-class citizens, but now they will be unable to indulge anywhere on the premises. Pubs will find it very galling that they have invested in smoking shelters and appealing outdoor areas to cater for smokers, only to find it flung back in their face.
Antismokers often make the point that smokers now represent under 10% of the adult population, so excluding them shouldn’t make much difference, and could indeed encourage non-smokers to use outdoor areas. However, by definition, prissy, health-obsessed people are unlikely to spend much time in pubs, and in reality smokers are significantly over-represented in the pubgoing population, even after the indoor ban. After the 2007 indoor ban the sudden influx of non-smokers to pubs was conspicuous by its absence.
There is also the factor of social connections. If one or two members of a group are no longer accepted in a pub, then it is likely that the others will follow suit. This was widely observed following the indoor ban. “It’s not really the same now that Bill doesn’t come any more”. And he’s even less likely to come if he can no longer pop outside for a fag.
The proposals refer to “pub gardens”, but will that be extended to include any property belonging to a pub? Will it be made illegal to smoke in a pub car park? And will it be illegal to smoke while sitting in your own car in a pub car park? In the case of a country pub, what if a farmer decides to allow people to smoke in his nextdoor field?
There is also the obvious implication that, if people can’t smoke in pub gardens, they will inevitably then move to the street outside the pub. It’s already very evident that, where urban pubs have no external smoking area, smoking customers cluster on the street around the door, which a certain category of people find annoying. Will there then be a demand to create “smoking exclusion areas” around pubs? Near me, Wetherspoon’s Gateway in East Didsbury occupies a site in the angle of two roads with outside drinking areas on both sides. Would the smokers just move across the boundary on to the public pavement?
This leads on to the issue of enforcement. The indoor smoking ban is largely self-enforcing, given that the responsibility rests on licensees to ensure that no smoking is allowed on their premises. But it will be much more difficult in outside areas, particularly if pubs have extensive beer gardens. A couple of staff busy serving on the bar can’t be expected to regularly do an outside patrol. And if someone is found smoking, all you can do is ask them to stub it out or move outside the boundary.
The proposals also extend to banning smoking on areas of public streets, such as outside hospitals and sports grounds. The question has to be asked how this will be enforced. It’s hard to see that this will be a police priority when people are routinely being stabbed. And if councils recruit officials to deal with it, wouldn’t there be a whole list of better things for them to do, in particularly clearing up litter? No doubt “Smoking Warden” will prove an attractive opportunity for the kind of people recruited a few years ago to act as “Covid Marshals” and scream at anyone not wearing a mask.
It’s also obvious that in many urban areas nowadays there is a pervasive smell of cannabis, which is illegal anywhere. If this law is not enforced, what are the chances of enforcing localised prohibitions against tobacco?
The Labour Party was founded to represent and speak up for the working class. But their modern incarnation seems to regard them with a mixture of incomprehension and contempt. This proposal demonstrates a total ignorance of working-class preferences and lifestyles. As stated in this article:
The second reason this ban will anger ordinary people is that it involves an awkward element of class. Few of the middle class now smoke: smoking is concentrated among those who do trade and manual jobs, the unemployed. Working-class people do not want to be patronised by middle-class MPs. Once, Labour MPs with direct links to working-class life would have been immediately aware of this. No longer. The Labour party, in Parliament and outside it, has for some time been a middle-class caucus.Tory leadership contenders have been quick to express their opposition to this plan. But this comes across as opportunistic weasel words when they voted for the original 2007 smoking ban, for plain tobacco packaging, and for the generational smoking ban. Would they really reverse this when in office? It’s funny how they seem to rediscover a love of freedom when no longer in government. (It’s worth mentioning that both Kemi Badenoch and Robert Jenrick voted against the generational ban).
Many policy proposals are floated in the media but end up not being actually implemented. This idea has attracted a lot of opposition, including some on the political Left, and there is no certainty that it will happen. But it is only the first in a series of lifestyle restriction measures that we are likely to see, which include:
- Greatly increased restrictions on so-called “unhealthy” food
- Minimum alcohol pricing in England
- Reducing the drink-drive limit in England and Wales
We shall see. But if they decide not to turn the screw, it will be from political expediency, not any concern for individual freedom. And as if on cue, between drafting this post and publishing it, they have threatened the drinks industry with minimum pricing.
* Do they have any other merits?
** For the avoidance of doubt, I do not accept that environmental tobacco smoke in indoor areas represents a significant health risk. Some people just don’t like it. But we are where we are.