A cross-party bid to ban smoking outside pubs and restaurants seeking to offer al fresco seating due to coronavirus has failed after the Labour frontbench refused to back the move.
Without opposition support, the change would almost certainly have been defeated if it had been pressed to a vote in the House of Lords.
In the face of the call by peers, the Government had brought forward a compromise, which will require pubs, cafes and restaurants in England wanting to provide outdoor seating to offer separate non-smoking areas.
One of the provisions in the Business and Planning Bill is to fast-track the process by which businesses can apply for temporary permission from local authorities to put chairs and tables outside their premises.
The aim is to allow premises to serve as many people as possible while respecting social distancing guidance.
It is among a raft of measures aimed at supporting businesses and helping the economy recover from the devastation caused by the Covid-19 pandemic.
A number of peers from across the political divide wanted the granting of pavement licences to be subject to the condition that smoking is prohibited.
But Labour frontbencher Baroness Wilcox of Newport said the party could not support the amendment as it “may have enormous unintended consequences”, such as banning e-cigarettes, and contained “other errors” that could lead to legal challenge.
However, Liberal Democrat peer Baroness Northover said it was “utterly specious” to say it was flawed as any issues could be rectified later by the Government’s lawyers.
Labour’s position meant “we cannot secure the cross-party amendment which would have been clear, simple and the right thing to do”, she said.
Earlier, making the case for the amendment, Lady Northover said: “Smoking kills both smokers and those exposed to second-hand smoke.
“That’s why we secured and now the vast majority of the public enjoy smoke-free restaurants, pubs and other public places.
“Because of Covid-19 the outside is the new inside. We need to make sure that people are protected there as well.”
Tory former health secretary Lord Lansley said those behind the amendment had “won the argument” and the Government’s compromise signalled “a significant victory”.
Communities minister Lord Greenhalgh said: “The Government’s position means all businesses eligible for pavement licences can share the benefits of this new fast-track licence whilst ensuring provision for non-smoking seating.
“Businesses can already make their own non-smoking policies for outside space that reflect customer wishes, without the need for regulations.
“Now is not the time to prevent businesses from catering to their customers. Now is not the time to use temporary provision on pavement licences to ban smoking outdoors.
“Now is the time to support our hospitality industry and ensure all businesses eligible for pavement licences can share the benefits of this new fast-track licence.”
The Bill was given a third reading by peers and now returns to the Commons for MPs to consider amendments made to the emergency legislation.
