AN APPLICATION by an Arbroath public house to create an outdoor smoking area for patrons and staff is being recommended for refusal by Angus planners.

Belhaven Brewery have applied for permission to create a smoking area at the rear of the Declaration Bar in High Street.

The building is statutorily listed (category B) and is located within the Arbroath abbey to harbour conservation area.

“The proposal involves the formation of a designated smoking area within the pedestrian alleyway which will be accessed from the existing fire exit at the rear of the licensed premises,” said planning director Alex Anderson.

“This follows a decision by the Scottish Executive to enact legislation to ban smoking in enclosed public spaces which will take effect in the spring of 2006.

“The external smoking area will be for the benefit of employees and patrons of the licensed premises.

“The application is essentially to formalise the use of the land as no physical alterations are to be undertaken with the exception of the erection of a canvas awning to cover the smoking area.

“The alleyway is also the means of escape in the event of fire from the application site and the adjacent office premises.”

One letter objecting to the proposal has been received from the Angus Housing Association over the mutual fire escape route and the head of environmental health also has concerns over this matter.

He has also pointed out that the smoking area would not be readily supervised from the bar which could lead to anti-social behaviour from patrons.

“Whilst I acknowledge the views stated by the director of environmental and consumer protection and by the objector in respect of the use of the fire escape route, there are no proposals to physically block the current means of escape.

“And in the event of a fire, it is most unlikely that passage to exit the site would be prevented by any persons using the smoking area,” said Mr Anderson.

“However, I do accept that there are concerns regarding loss of amenity to surrounding properties which cannot be supervised or controlled from the existing licensed premises.

“In conclusion, I do not think that the right balance has been achieved between trying to satisfy the applicant’s desire to provide an external area for customers...and the need to maintain the existing amenity of the area.”

Angus councillors will be asked to consider the application at the meeting of the development control committee on Thursday.