Smoking Shelters

Due to the introduction of the new smoke-free legislation, it is understood that many businesses will wish to provide smoking shelters for staff and customers. The following guidance will hopefully ensure that businesses comply with the law when planning and constructing these shelters.

Legal considerations

There is no legal requirement for a smoking shelter to be provided at any premises. However, the legislation does state that smoking is not permitted in any enclosed or substantially enclosed workplace or public place. You must therefor ensure that if a smoking shelter is provided, it is not substantially enclosed.

"Substantially enclosed" is defined as a premises with a ceiling or roof where less than half of the total wall area is permanently open. When determining the open area of the walls, any structures which can be closed, such as windows and doors, must be assumed to be closed.

Advice about whether a proposed shelter could be used for smoking can be obtained from Environmental Health on 01743 281360.

Location considerations

When deciding where to place smoking shelters, you should ensure that the open sides of the shelter are not placed too close to other structures as these may have a sheltering effect. This effect could result in that side of the shelter being considered closed, and so the shelter becoming substantially enclosed.

You should also avoid having windows and doors opening directly into the smoking shelter in order to avoid smoke infiltration into the smoke-free area. If this is not possible it may be necessary to fit self closers onto these doors, and to keep these windows closed. You must however ensure that this measure will not compromise the ventilation of the premises.

Further advice on both these issues can be obtained from Environmental Health on 01743 281360.

Licensing considerations

If the premises is licensed then you should check whether your licence conditions limit the use of any outside areas. If the outside areas cannot be used at all times the premises is open it may be necessary to apply for a variation of the licence conditions.

Further advice on this matter, including confirmation of any current conditions, can be obtained from Licensing on 01743 281376.

Nuisance considerations

If the smoking shelter is to be used late at night or early in the morning, consideration should be given to the potential for nuisance to be caused to neighbouring properties.

Users of the shelter should be reminded of the need to keep noise levels down, either through the use of signs or directly by management. it is also not advisable to locate loudspeakers in any outside smoking shelters.

Care should also be taken if lights are provided for the shelter. Lights should be located so that they do not shine into neighbouring properties, and should be switched off when the premises closes and the shelter is no longer in use.

Further information on these issues can be obtained from your district Environmental Health Officer by contacting 01743 281352/92.

Planning and Building Control considerations

Planning permission may be required for any shelter or awning erected at a premises. Further advice regarding planning matters can be obtained from the Planning Advice Officer on 01743 281312.

It may also be the case that the smoking shelter requires Building Regulation approval. Further information regarding the matter can be obtained from Building Control on 01743 281338.

Other considerations

Litter - There may be an increase in litter in any outside smoking areas due to cigarette butts, packets and other wrapping. Consideration should be given to preventing this litter. It may be possible to provide ashtrays, butt-bins and litter bins. Consideration should also be given to cleaning of the areas, particularly if customers are standing on the pavement.

Fire safety - If people are smoking in outside areas of the premises, extra precautions should be put in place to reduce the risk of fires starting. This is particularly important where smoking is taking place on decked areas, or where heaters are positioned under awnings. Decking should be close boarded to prevent debris falling under the decking. The area under the decking should also be checked regularly and any build up of debris cleared away. If heaters are provided in the smoking area, they should be positioned far enough away from any flammable materials to prevent a fire being started. The provision of ashtrays will also encourage users to extinguish their cigarettes properly, and so reduce the risk of fire.

Further advice of both these matters can be obtained from Environmental Health on 01743 281360.