DIX-Neuf’s owner is in dispute over where alfresco diners can smoke. Environmental Health Services has instructed that smokers can light up only if they are not seated next to an open glass-panel shutter.

‘We have received complaints that tobacco smoke from outside does affect diners inside when the panels are open. I’ve had contact with the manager of the restaurant and we’ve agreed a means of addressing this,’ said Environmental Health and Pollution Control director John Cook.

He added that when the brasserie’s shutters were wide open, the seats outside next to them became part of the larger premises because they shared the same roofline and, as such, under the new legislation should be non-smoking.

Diners are allowed to smoke outside when the shutters are closed because the area then becomes detached.

CI Hospitality business development manager Rod Lillis said that the outside area was covered by an awning, not a roof, so it constituted an alfresco zone.

‘This is an interpretation issue and we respect Environmental Health’s interpretation, but we have a different one. We’ve been acting within and in the spirit of the law, which allows for smoking in alfresco areas.’

Mr Lillis said the restaurant would abide by the services’ instructions, but he was waiting for a copy of its interpretation of the law in writing.

‘We will then review it and challenge it in a mature and professional way. We feel that it’s new legislation so it’s not unusual for it to be debated.’

He said the outcome of the debate could set a precedent for other establishments.