Tougher new powers are needed to crack down on shisha bars that
breach smoking laws and are linked to anti-social behaviour,
councils urge today.
The Local Government Association is calling on the Government to
introduce a new licensing regime for shisha premises, which would
strengthen the powers available to councils.
While the number of shisha premises has increased significantly
in recent years, councils currently lack the tools with which to
regulate them and take enforcement action where necessary.
A new licensing regime would enable councils to grant or refuse
licences for new shisha premises, revoke or suspend licences, and
add conditions to licences to improve safety.
This follows incidents involving shisha premises allowing smoking
indoors, flouting fire safety and selling illicit shisha.
There are also concerns over the health risks associated with
shisha smoking, as well as issues such as noise nuisance and
anti-social behaviour, which councils have limited powers to
address under current legislation.
Shisha bars do not require a licence or registration unless they
serve alcohol, have other regulated entertainment or serve food
between 11pm and 5am.
Although tobacco is not licensed, there aren’t any smoking
lounges for other types of tobacco. Therefore, councils argue
shisha premises should be licensed given they are venues
specifically designed for its consumption, which can be
detrimental to people’s health.
The LGA is also calling for:-
- An increase in the level of fines for indoor shisha-smoking
and for these to be levied against businesses and not just
customers. Current levels are not sufficient as a deterrent.
- A ban on flavoured shisha tobacco, as is currently the case
with regular tobacco products.
- Mandatory labelling of health warnings on shisha products,
including smoking paraphernalia
- Mandatory warning signs that tobacco must not be sold to
under 18s on every shisha bar table.
Cllr , Chair of the Safer and
Stronger Communities Board, said:
“Currently shisha premises generally fall outside existing
licensing laws.
“It is not right that a venue requires a licence to serve a hot
drink after 11pm but not for smoking shisha. Licensing shisha
would also send a stronger and clearer health message around the
potential dangers of shisha smoking, as there is a common
misconception it is a safer alternative to smoking cigarettes.
“Shisha also needs to be brought within scope of existing tobacco
control strategies to ensure consistency.
“A new regulatory regime would enable councils to work with
shisha businesses to ensure they operate safely and lawfully.”
Case studies
- A premises in Newham was found to routinely breach smoke-free
legislation. Despite regular inspections by the council, it was
limited in what action it could take, with fines being too low to
be a deterrent.
- Operation Falcon in Leicester found shisha tobacco being sold
without UK duty paid in nine of 13 premises visited, equating to
approximately £21,250 of duty not being paid.
- Subsequent visits by Oxfordshire County Council’s trading
standards department to shisha bars in Oxfordshire that had
previously flouted laws were once again discovered to be in some
form of non-compliance, in relation to selling illicit shisha and
allowing smoking in enclosed areas.
Notes to editors
1. LGA - Reducing the harm of
shisha and the need for better regulation: Local Government
policy paper
2. Intervention by a wide range of
stakeholders, including public health, environmental health and
trading standards, is often required to achieve adequate
enforcement of shisha bars.
http://www.adph.org.uk/wp-content/uploads/2017/03/PHE-ADPH-Shisha-Report-February-2017-.pdf
3. Shisha smoking is covered by the UK smoking
ban, meaning it is illegal to smoke the pipes inside cafes and
bars. Those cafes with outdoor smoking shelters need roofs that
are at least 50 per cent open so air can circulate. Bar owners
and managers face fines of up to £2,500 for allowing smoking in a
smoke-free place and up to £1,000 for not displaying a no-smoking
sign.
4. Between 2007-2012, shisha smoking rose by 210 per
cent and there was a 510 per cent increase in
shisha cafes between 2010-2018. Studies from different parts of
London show 40 per cent of secondary
aged children have smoked shisha, more than twice the number who have tried
cigarettes (19 per cent).
