smoking ban

[sambro]

can a landlord have a fag at eight in the morning in his own pub, assuming he not got a 24 hour licence?

[Ice.Maiden]

I don't think so. The landlord of our nearest pub (he owns the place) always pops outside for a cigarette now. The building might be his, but it's open to the public during licensing hours, and I dount it excludes him. If it does, then he's just being kind in not making the place smell of tobacco smoke for when the customers go in. In his own living quarters, I expect that's a different matter though.

[Buenchico]

In the unlikely event that the landlord runs the pub single-handed he can have a fag at 8am. Otherwise he can't.

That's because of the provisions of Chapter 1, Sections 2(1) and 2(2)(a), of the Health Act 2006:
http://www.opsi.gov.uk/acts/acts2006/ukpga_200 60028_en_2#pt1-ch1-pb2-l1g2

Chris