Smoking in bars and restaurants is not banned in the UK
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Less than half the pubs and bars in England and Wales are complying with a voluntary code to reduce customers' exposure to tobacco smoke, a report reveals.
The hospitality industry introduced the code, called the Public Places Charter in 1999.
It aims to encourage bars and restaurants to inform potential customers about their smoking policy by placing signs outside the premises and having a written policy available.
However, an independent report, commissioned by the Department of Health and trade groups, shows that just 43% are doing this.
Nationwide survey
The report is based on a survey of 3,000 premises across England and Wales.
It found that 1,266 pubs and bars have signs outside and a written policy outlining their smoking policy.
The government will be considering the issue of second-hand smoke in light of these findings
Department of Health spokeswoman
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A further 574 have a sign outside but do not have a written policy. The same number do not provide customers with any information on whether or not they can smoke.
The report shows that pubs and bars have missed some key targets set by the industry when the charter was launched four years ago.
It pledged that 50% would have external signage and a written policy outlining their smoking policy by 2003.
It also pledged that 35% of these would have introduced non-smoking areas or better ventilation systems to reduce customers' exposure to tobacco smoke.
The independent report shows some progress in this area, with 53% of those complying with the charter taking such steps.
The industry welcomed the findings. Nick Bish, chairman of the its charter group, said: "We have put in a massive amount of work to achieve a culture change in our industry.
"All of our customers and staff are very important to us - smokers and non-smokers - which is why we have gone to great lengths to achieve balance.
"There are now more non-smoking areas and better ventilation than ever before and we are still steadily improving."
Code under fire
However, the anti-smoking charity ASH described the progress as pathetic.
Deborah Arnott, its director, said: "For pub leaders to claim that the voluntary approach has been a success is a joke.
"Merely putting up signs declaring that smoking is allowed does nothing to protect the health of patrons or staff.
"It's quite clear that relying on voluntary codes of practice to increase smoke-free provision does not work."
However, Martin Couchman, deputy chief executive of the British Hospitality Association, which represents hotel, restaurants and caterers, insisted the voluntary code is working.
"We think the charter is doing quite well," he told BBC News Online.
"We certainly support the continuation of the voluntary code."
The Department of Health is considering further steps to encourage pubs and bars to protect customers from second-hand smoke.
"More must be done and rapidly. The government will be considering the issue of second-hand smoke in light of these findings," a spokeswoman said.
"Non-smokers make up the majority of the population; and the majority of non-smokers mind if someone smokes near them.
"Expansion of smoke-free places in pubs, bars and restaurants would meet public demand."
A Labour MP won backing in the House of Commons in April to introduce a bill to ban smoking in cafes and restaurants.
Gareth Thomas's Smoking (Restaurants) Bill will prevent people from lighting up in any premises that sells food.
The Bill will be considered again by MPs in July. The Welsh and Scottish assemblies are also considering proposals to ban smoking in restaurants and pubs.