Smokers have been banned from using the specially-designed area at Dundee’s Grosvener G Casino after a swoop by the council’s ”smoking police” found it did not comply with legislation.
Instead, smokers have to leave the building and have been seen congregating in large numbers on the pavement outside at West Marketgait, particularly late at night.
The ban came after environmental health officers at the council made a surprise inspection of the premises and found its smoking area entirely enclosed apart from the frontage, which consists of a five-foot barrier, above which is open to the elements and overlooks the Westport roundabout.
Pro-smoking group Forest has condemned the action, saying it shows a ”complete lack of commonsense” by the council.
The Department of Health has strict guidelines on what they will allow as a smoking shelter. At least half the structure must be open to the elements, although some local councils have separate guidelines.
The Rank Group, which owns the casino, confirmed the ban, saying it is working with the council to find a solution.
A council source said the problem was identified after city council environmental health officers decided to do an unannounced ”swoop” on the city’s night-time economy, which includes the G Casino, the Gala Casino at the waterfront, Fat Sam’s, Liquid, Deja Vu and Underground nightclubs along with pubs and social clubs throughout the city centre.
While it is understood all other premises visited complied with the regulations, either by having proper smoking areas or none at all, the balcony at Grosvener G Casino was deemed unsuitable.
Management were informed and smokers were immediately banned from lighting up in the smoking zone and were told to go outside for a cigarette.
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As a result, customers have to go down a flight of stairs and out through security gates, causing confusion with other people arriving to check in.
Since then, the council source said, legal moves have been made by the casino’s owners, with solicitor’s letters having been received by the council from the company.
”It’s a bit strange because you would think when the place applied for planning permission and then for its licence somebody would have checked if the smoking balcony complied with the regulations,” the source said.
”They’re pretty straightforward and the council smoking police have been quite vigilant in the past against pubs and clubs, even making sure people don’t stand in pub doorways.
”Somebody’s made a big mistake allowing that in the first place either that or they didn’t tell anybody it was a smoking terrace and just winged it.”
Dundee City Council would only say the G Casino is currently operating within the legislation. However, that is only because the smoking area is out of bounds and smokers are now going outside.
A spokesman for the Rank Group said: ”We’re in discussions with Dundee City Council to find a solution and to identify a facility which meets the city council environmental health department’s conditions and also meets the needs of our customers.”
Simon Clark, director of Forest (Freedom Organisation for the Right to Enjoy Smoking Tobacco), described the council’s actions as ”incredibly petty”.
”They may be technically correct given the legislation but it’s a shame they can’t show more commonsense,” he said. ”The legislation was brought in to protect bar staff from passive smoking but this did not put anybody at risk and it’s just totally jobsworth behaviour.
”The casino should be commended for putting in the special area and there’s a risk they could lose customers because of this. There has to be some degree of compromise, surely?”