After considering the implications of a bed or tourist tax over the past few weeks, I would like to return to the smoking ban.

I am delighted that the ban has gone in favour of the BHA’s position. A partial ban in England would have been unworkable, and now that we have a guaranteed full ban on smoking in public places and workplaces, it brings England into line with the rest of the UK in having a workable smoking ban.

However, there remains a significant grey area on this issue. As of yet, we have not seen the regulations which will implement the ban in detail, and how the law, when it comes into effect, will be applied.

There are three key areas that the government needs to get to grips with far before the ban’s introduction.

The first of these is what I would term the ‘shack issue’; or rather, the external facilities provided for smokers in hotels, restaurants, bars, and other establishments.

As an industry we need to know what sort of facility, in terms of size, shape and overall design, will be deigned acceptable as a smoking area under the conditions of the ban; and also, perhaps more importantly, whether these facilities will be subject to planning permission or not.

Secondly, the issue of who would be held responsible for breaches of the ban is particularly important.

If in a certain establishment the ban should be flagrantly flaunted, does the responsibility lie with the smoker, the licensee, general manager, or the owner? There is a clear need to protect the licensee or owner from persistent smokers, those who seek to break the ban constantly.

Once instance of this may be during televised broadcasting events – such as the FA Cup final, the Rugby World Cup, or the Ashes – where larger groups of people congregate in drinking establishments. At certain times the ban will prove to be more difficult to enforce, and licensees must be protected.

Partially related to this is the third issue: that of signage.

What will be deemed appropriate signage under the ban, both practically and, in many respects, aesthetically? If under the ban the general public are aware that there is no smoking permitted anywhere indoors, what need is there then for a proliferation of signs reminding them of this fact? Will the famous door to 10 Downing Street carry a no smoking sign?

The BHA has met many times with the previous tourism minister James Purnell MP to discuss this issue, and will be meeting his successor James Woodward MP shortly, and I am hopeful that we will see the suitable set of regulations emerge in due course. It is imperative that the regulations are developed far in advance of the proposed summer 2007 launch if this ban is to remain workable.