The Director of Planning and Regulation had submitted a report to review of feasibility study on smoke free pavement licensing as requested. 

Recommendation(s): That General Purposes Licensing Committee resolves to:

1.    Agree to retain the existing arrangements with regards to smokefree pavement licence conditions. A full smokefree pavement licensing condition is not recommended at this time due to the following factors:

·       Significant enforcement and resource pressures,

·       Forthcoming Local Government Reorganisation, and

·       The risk of creating inconsistency and inequity for businesses

·       That the current national?compliant arrangements remain proportionate, workable, and enforceable.

Please note that some appendices to this item will be published as a supplement.

The General Purposes Licensing Committee resolved to:

1.    Agree to retain the existing arrangements with regards to smokefree pavement licence conditions.

2. Request that officers undertake a consultation process to seek views on the implementation of 100% smoke-free pavement license conditions.

The Director of Planning and Regulation had submitted a report to review the feasibility of smoke free pavement licensing as requested by the Committee. ?  

The Supervising Senior Licensing Officer provided a comprehensive summary of the report, noting it had been compiled at the request of the Committee in 2025. The Committee understood that any alterations to pavement licensing must comply with The Business and Planning Act 2020, as amended by the Levelling Up and Regeneration Act 2023.  

The Chair invited questions from the Committee.  

Councillor Ottino commented that the report should have included feedback from organisations such as Turning Point in recognition of marginalised groups within Oxford who struggle with mental health challenges and addiction. Councillor Ottino emphasised his concern that a 100% smoking ban on pavements could further marginalise some groups by excluding them from social environments. 

The Supervising Senior Licensing Officer acknowledged the request for feedback from relevant organisations and outlined that control of smoking on pavements can only be extended as far as the legal boundary of a licence. 

Councillor Miles queried what the process for a consultation on this topic would be, to which the Supervising Senior Licensing Officer explained that the internal consultation team would be engaged to identify stakeholders, would be licence holders, councillors, and the public. 

Councillor Upton requested a definition of a ‘hospitality venue’ in order to understand which premises would be included and excluded from the classification. In relation to paragraph 4 of the report, Councillor Upton also queried the national conditions which require reasonable provision of smokefree seating and smoking-allowed seating. Councillor Upton also asked how long it would feasibly take for a 100% smoke free policy to be implemented, if progressed.  

The Supervising Senior Licensing Officer clarified that the definition of a ‘hospitality venue’ includes everywhere that sells food and drink. In relation to paragraph 4, the Committee heard that the national condition set by government outlines that there should be a discretionary condition for all venues to have some space for smoking. However, should the justification exist, then local authorities can deviate from this. Finally, the Supervising Senior Licensing Officer explained that each licence lasts for 2 years, therefore most renewals would be naturally occurring in August or September of 2026 and 2028, at which time a change could be implemented.  

Councillor Rawle, in relation to enforcement resourcing, asked what is currently involved and what would be required additionally, should a 100% smokefree pavement policy be progressed. The Supervising Senior Licensing Officer provided a summary of existing capacity and enforcement action. The Business Regulation Manager also outlined that Oxford City currently has 104 pavement licences monitored between 2 officers. Councillor Rawle commented that an additional officer may be needed.  

The Chair invited the Committee to debate the recommendation. 

Councillor Miles emphasised that the Committee must consider the justifications for 100% smoke free pavement licenses, with recognition that it would not be an immediate change and consultation would be required. Councillor Miles emphasised that she would support this direction of travel for public health reasons and noted that it aligns with the Oxfordshire Smoke Free by 2030 policy which this Council has endorsed. Specific mention was made to the negative impacts of passive smoking on children and the deterrence this can cause for families attending public spaces. The Committee heard that although few complaints have been lodged with the Council, it is likely that many do not complain, and the matter remains an issue which people respond to by voting with their feet when choosing where to frequent based on exposure to smoke. In relation to enforcement, it was noted that it would be a cost well spent in support of public health. Finally, Councillor Miles emphasised that the upcoming changes resulting from Local Government Reorganisation (LGR) should not be a deterrent from making decisions now, and regardless, a consultation should be pursued.  

Councillor Taylor noted that this matter was not included in the current budget process, therefore increased enforcement capacity could not be realised soon. The Committee understood that Councillor Taylor opposed taking the process further and he noted that LGR would coincide with the natural renewal of many pavement licenses, as noted by officers, meaning that a change now did not seem logical. Councillor Taylor did however support consultation as a useful tool for the incoming authorities after LGR. 

In response, Councillor Miles emphasised that the budget follows policy, therefore the impetus for policy change, such as this, must be established first. Councillor Miles suggested that the Committee could recommend starting the consultation process now, in support of future policy change, and also noted that the next budget is still up for a debate at the next Full Council meeting. 

 
Councillor Ottino recognised the physical health issues relating to smoking but also expressed concern about the associated mental health issues. On this basis, he requested more information from relevant organisation to support understanding of the marginalised groups who struggle with tobacco addiction. Councillor Ottino supported the recommendation for a consultation to begin.  

Councillor Mundy queried what the relevant increase in budget would be compared to what is spent now for the relevant enforcement. The Business Regulation Manager explained that pavement licenses have a set charge which is determined by central government, and the Licensing Authority has no leverage to change this; as such, alternative funding would be required for additional enforcement.  

Councillor Rawle supported Councillor Ottino’s requests regarding the proposed consultation, noting the issue of social isolation. The Committee also heard that indoor smoking bans likely considered similar arguments, yet have been imposed. In regards enforcement, Councillor Rawle asked to what extent a policy like this may be self-enforcing, with reference to the impacts of signage, for example, and the potential self-policing. It was suggested that harsh enforcement may not be required, and more focus should be paid to culture change and raising awareness which require less resourcing. Councillor Rawle also emphasised that LGR should not stop the Council from taking actions and moving forward, noting groundwork for policy change should still be pursued. 

Councillor Upton supported the need for a consultation and queried whether varying licence renewal dates would cause some inconsistencies in a new policy. In relation to enforcement, Councillor Upton also supported the idea that the policy would be somewhat self-enforcing. 

Councillor Miles welcomed a consultation which collected views from organisations relevant to mental health and addiction support, also noting that a 100% smokefree pavement policy could create a more supportive environment for those dealing with addiction by encouraging decreased use of tobacco products. Councillor Miles supported the need for a culture change on the matter and recommended that the groundwork be attempted ahead of LGR.  

Councillor Rehman clarified the number of existing pavement licenses with the officers and queried the funding for a potential additional officer to support enforcement. It was asked whether the licences are self-funding, which the Business Regulation Manager confirmed.  

Councillor Miles and Councillor Rehman discussed the current funding arrangements for pavement licensing.  

Councillor Lygo noted that the report should have included consultation from relevant organisations to better inform the Committee’s debate and supported calls for a consultation. Councillor Lygo emphasised that any policy changes must be fair when considering venues with and without private areas for smoking.  

 
Councillor Upton asked if the officers have sufficient budget at this time to begin a consultation. The Supervising Senior Licensing Officer recognised the volume of work being requested and noted that it would be possible, but within tight timeframes.  

The Chair noted her support for 100% smoke free pavement zones and the challenges posed by passive smoking with reference to her personal experience. 

The Chair sought advice on the upcoming vote. The Committee and Member Services Manager explained that the recommendation details why the existing arrangements should be kept in place, therefore, if members wish to request a consultation, this would need to be removed from the recommendation as an amendment.  

Councillor Lygo referenced his concern relating to ash trays positioned outside the Council building; this was determined as a matter for external discussions with Oxford Direct Services.  

Councillor Miles proposed that the Committee agree?to retain the existing arrangements with regards to smokefree pavement licence conditions and remove the reasons listed within the recommendation as set out in the report, and request that officers undertake a consultation process to seek views on the implementation of 100% smoke-free pavement license conditions; Councillor Upton seconded.  

When put to a vote, 12 Members voted in favour, and 1 Member voted against. The recommendations, as amended, were agreed.  

The General Purposes Licensing Committee resolved to:

1.    Agree to retain the existing arrangements with regards to smokefree pavement licence conditions.

2. Request that officers undertake a consultation process to seek views on the implementation of 100% smoke-free pavement license conditions.