Plans for a city centre shisha bar have been approved – despite concerns from Council officers that the works may not comply with smoking laws.
The application for 14-18 Sackville Street would change the use of the upper floors of the nightclub building.
The first floor of the building would be converted from office space to event space, with the second floor converted from a wine bar and restaurant to a “bar, snooker hall and shisha area.”
The application, by a Mr Ogunkoya, has now been approved by Bradford Council – despite its own officers claiming the scheme would likely not comply with the indoor smoking ban introduced in the UK almost two decades ago.
The application says: “No new signage, changes to entrances, windows, or building materials are included within the proposal. Internally, the spaces will be adapted for their new uses using non-structural fit-out and décor changes only.
“The proposal supports the ongoing commercial function and vibrancy of Bradford city centre.”
The plans submitted to the Council do not show which areas of the second floor would be used for shisha smoking.
The smoking ban means it is illegal for businesses to provide shisha in an enclosed public place.
Responding to the planning application, the Council’s Environmental Health Manager Guy Waddington said: “I have assessed the planning application and attached site plans and can conclude that the plans would not comply with the requirements under The Smoke-free (Premises and Enforcement) Regulations 2006.
“This would therefore have a serious health impact on the employees at the proposed business and the members of the public visiting and smoking within the premises that is fully enclosed and therefore not compliant as a smoke free premises.
“I would advise that is application does not go ahead unless compliance with the above regulations is met.”
Despite this concern, the plan has now been approved.
Approving the application, planning officers said: “An internal shisha smoking area is proposed on the second floor which, as pointed out by the Environmental Health officer, is likely to contravene legislation which prohibits smoking in enclosed spaces. “Whilst this may the case, this is not a planning matter and is something to be enforced by others (Environmental Health and/or the Police).”
The approval includes an “informative” for the applicant reminding them of their legal obligations.
It says: “It should be noted that The Smoke-Free (Premises and Enforcement) Regulations 2006 prohibit smoking in enclosed premises.
“The granting of planning permission for a shisha smoking facility should not be read as meaning the development is in compliance with this legislation.
“It is the responsibility of the business owner to ensure full compliance with all relevant regulatory regimes.”
