Here's why the Scarborough Flyer has been refused permission for outside smoking area

The Stonegate Pub Company, which owns the Scarborough Flyer in St Nicholas Street, wanted to move back the area to the left of its entrance door as viewed from the front to create a seating area.

In its submission to Scarborough Council, it stated that it was in response to concerns raised by the council and North Yorkshire Police about people standing in the street.

Scarborough Council’s Environmental Services team, however, raised an objecting saying that “despite the application being a result of concerns around smoking customers being noisy” the area may not be legal after all.

Their comment added: “It should be noted that the area as described within the application cannot be used as a smoking area and would not comply with requirements that smoking is prohibited in public places that are ‘substantially’ enclosed.

“Substantially enclosed means premises or structures with a ceiling or roof and where there are permanent openings, other than windows or doors, which in total are less than half the area of the walls.

“The area is enclosed by more than 50% – therefore is not a smoking area.”

The borough council’s planning officers while admitting that the seating area would address some of the issues of people standing outside the bar, concluded that “a seating area in this location cannot be achieved without harm to the appearance of the property, character of the Conservation Area and detrimental impact upon surrounding amenities”.

Permission was refused under delegated powers.