LGA has produced a policy paper which calls for greater regulation of shisha premises.

The paper has two key asks of Government: first, for shisha premises to be brought within the scope of existing tobacco control strategies, as currently there is no reference to shisha. And second, it proposes steps that central government can take to strengthen and reform national legislation through introducing a shisha licensing regime either through the Local Government Miscellaneous Provisions Act 1982 or the Licensing Act 2003.

While the number of shisha premises has increased significantly in recent years, councils currently lack the tools with which to regulate them and take enforcement action where necessary.

A new licensing regime would enable councils to grant or refuse licences for new shisha premises, revoke or suspend licences, and add conditions to licences to improve safety.

This follows incidents involving shisha premises allowing smoking indoors, flouting fire safety and selling illicit shisha.

There are also concerns over the health risks associated with shisha smoking, as well as issues such as noise nuisance and anti-social behaviour, which councils have limited powers to address under current legislation.

Shisha bars do not require a licence or registration unless they serve alcohol, have other regulated entertainment or serve food between 11pm and 5am.

Although tobacco is not licensed, there aren’t any smoking lounges for other types of tobacco. Therefore, councils argue shisha premises should be licensed given they are venues specifically designed for its consumption, which can be detrimental to people’s health.

The LGA is also calling for:

• An increase in the level of fines for indoor shisha-smoking and for these to be levied against businesses and not just customers. Current levels are not sufficient as a deterrent. 
• A ban on flavoured shisha tobacco, as is currently the case with regular tobacco products.
• Mandatory labelling of health warnings on shisha products, including smoking paraphernalia 
• Mandatory warning signs that tobacco must not be sold to under 18s on every shisha bar table.

Cllr Heather Kidd, Chair of the Safer and Stronger Communities Board, said:

“Currently shisha premises generally fall outside existing licensing laws. 

“It is not right that a venue requires a licence to serve a hot drink after 11pm but not for smoking shisha. Licensing shisha would also send a stronger and clearer health message around the potential dangers of shisha smoking, as there is a common misconception it is a safer alternative to smoking cigarettes.

“Shisha also needs to be brought within scope of existing tobacco control strategies to ensure consistency.

“A new regulatory regime would enable councils to work with shisha businesses to ensure they operate safely and lawfully.”