Smoking Ban and the Provision of Smoking Shelters
Due to the law preventing smoking in "enclosed or substantially enclosed" public areas, businesses may wish to install smoking shelters or designate areas for employees to smoke. There is no legal requirement to provide shelters but if this is done they must be installed in a way that complies with the requirements of the regulations.
It is recommended that you consider where your staff and customers are likely to smoke. This is due to secondary issues arising from the introduction of the smoking ban such as health & safety issues, litter (such as cigarette ends) and in relation to the licensing trade issues such as noise and anti-social behaviour.
It is advisable that before purchasing or installing any type of shelter that you contact the Public Protection Department for further guidance.
What does "enclosed or substantially enclosed" mean?
These are defined in the Smoke-free Premises etc. (Wales) Regulations 2007. In simple terms an "enclosed premises" is one with a ceiling or roof and, except for doors, windows and passageways are wholly enclosed either permanently or temporarily. This means that premises do not necessarily have to have walls and could simply be the area under a canopy or awning.
If the walls of a premises has openings (or gaps) that add up to less than half of the total area of the walls then it is classed as "substantially enclosed". Note that doors, windows and passageways are not considered as openings.
Why are doors, windows and passageways excluded as openings?
These have been excluded by legislation when determining whether a premises or part of the premises is wholly or substantially enclosed.
The purpose of the legislation is to ensure that there is adequate and effective natural ventilation anywhere where smoking takes place. In order to ensure this the ideal openings are required to be permanent spaces that are open to the outside air.
Doors, windows and other fittings are capable of being closed. Passageways tend to be enclosed or substantially enclosed and therefore will not assist in ventilation.
Are there standards for smoking shelters?
Because of the large variation in different types of structures that can be used as smoking shelters, standards are extremely difficult to produce and have not been set.
However there is a calculation which can be used to determine if a structure is "enclosed or substantially enclosed".
How do I calculate if a structure is "enclosed or substantially enclosed"?
Firstly the perimeter of the smoking structure has to be decided. This is usually the area under the roof of the structure.
Once the perimeter has been decided you can then discount the roof as it does not form part of the calculation.
Firstly work out the total area enclosed by the perimeter, including all solids and spaces (T). Then work out the total area of the walls (X) and the area of any openings (Y). Remember that walls, doors etc are not considered as openings.
So T = X+Y.
If X is greater than Y, the smoking shelter is substantially enclosed and therefore not suitable.
Worked Example of a Smoking Shelter Calculation
How far can a smoking structure be from other structures?
There is no specific distance mentioned in law however the legislation is clear that "other structures serving the purpose of walls" can be considered when determining if a structure is "enclosed or substantially enclosed".
The term structures can include natural things such as hedges or man made constructions such as brick walls. Structures can also be permanent or temporary and would therefore include things such as screens and large potted plants.
As structures can provide a sheltering effect any other wall or structure that is in close proximity to a smoking shelter may be considered as moving the perimeter of the area where smoking is allowed and the calculation would be to that extended perimeter. There is therefore a greater chance that the area would not comply and smoking would not be allowed.
It is recommended that shelters are placed as far away from other structures as is reasonably practicable and each situation will need to be looked at individually.
What about Planning, Building Control and Licensing requirements?
It is important to remember that not only must any structures comply with the legislation on Smoking, but also with laws relating to Planning, Building Control and the conditions for licensed premises.
It is also advisable that you contact the Fire Officer to discuss any impact the shelter may have on fire escape routes etc.
Public Protection is a statutory consultee and applications submitted to these Departments will be commented on.
Public Protection Department
Bridgend County Borough Council
Civic offices
Angel Street
Bridgend
CF31 4WB
Tel: (01656) 643260
Fax: (01656) 643285
E-mail: publicprotection@bridgend.gov.uk
- Last Updated: 09/03/2007
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