This successful appeal decision goes a small way to redressing a double failure on the part of the Government.  First a failure to provide for the option of smokers pubs or non-smokers pubs, thus driving the pub frequenting smokers out of doors.  Secondly not only failing to make specific provision for them out of doors, but compounding the error by putting restrictions on external shelters that increase the risk of smoke affecting surrounding properties and of noise and disturbance.  This case recognises the long standing practice of out of doors drinking and smoking at this pub by quashing the Council’s Enforcement Notice, seeking to remove the modest facility of an external umbrella fitted with heating and lighting.  It will now be fitted with screens to keep the smoke away from nearby properties.  At a time when pubs are closing at the rate of five a day, live and let live would be a good motto for trigger happy Councils!