How your business can survive the smoking ban

You will also want to ensure that your patrons are not drinking in any public places where a drinking ban has been placed.

Even if drinking is allowed on the pavement, as a pub owner you may need to look at stepping up your security. Any complaints about bad behaviour or excessive noise from a licensed premises - whether indoors or out - could result in the loss of your licence.

Publicans who have beer gardens or alfresco dining areas as part of their establishment have an advantage, although they may now need to weather proof these areas to allow smokers to use them all year round.

This is probably most easily done with an umbrella or awning type structure and outdoor heating. Various types of smoking shelters are also available.

However, caution does need to be exercised when erecting any structure of this type. The smoking ban means it is against the law to smoke in 'enclosed' and 'substantially enclosed' public places and there are quite clear definitions about what constitutes these types of areas.

Make sure that any facilities you erect outside your premises are suitably open and ventilated and that while they provide protection they are not too enclosed.

The new smokefree laws have highlighted the importance of having a full range of appropriate and relevant insurances in place to protect your business.

Many insurers will offer insurance for Shops, Pubs or Restaurants as a single policy that includes cover for Employers Liability, Public Liability, building, contents and stock as well as some tailoring for your specific business needs.

Public Liability insurance provides cover in the event that your business activities cause injury or death to a person or damage to their property. It can also cover any damaged caused by customers to your property.

In an environment where alcohol is served, this should be considered essential, and it is doubtful that any public house would be allowed a licence without it in place.

All businesses with staff are required by law to have Employer's Liability insurance in place and this provides cover for you in the event that an employee is injured at work and files for compensation.

It should be noted that it only covers claims made by employees and should not be confused with personal accident cover.

Building, contents and stock insurance needs will vary depending on whether you rent or own the premises and your levels of stock.

You will probably already have comprehensive insurance for your business but if you are investing significant funds in external changes or in the purchase of furniture and heaters, you should check with your insurance company to ensure you are still covered and to determine whether you need to update your existing policy.

Publicans shouldn't be tempted to ignore the smoke-free law in the hope they will get away with it or because it is too much effort to put alternative facilities in place. Local councils are responsible for enforcing the law and customers can report your business even if you are unaware that another customer is breaking the law.

A patron caught smoking in your pub could receive a fine of £50 (reduced to £30 if paid in 15 days).

However, the owners or managers of a premises face fines of £200 (reduced to £150 if paid in 15 days) for failure to display no-smoking fines and a maximum of £2500 for failing to prevent smoking.

The onset of the autumn and winter months will be a telling time for the pub and restaurant trade, but effective preparations actioned now will help your business to make the best of the situation and remain competitive.