Smoking Shelters - Don't Get your Fingers Burnt

The arrival of the Smoking Ban in England, Wales and Northern Ireland brings with it yet more headaches for business owners and employers who now have a whole new series of regulations to consider.

The Act affects virtually all ‘enclosed' and ‘substantially enclosed' public spaces including; offices, pubs, restaurants, factories, bookmakers, cinemas and even private membership clubs.

If you don't want to leave your staff and customers out in the cold, you may be considering supplying them with a dedicated ‘Smoking Shelter', despite the fact that you are under no legal obligation to do so. But beware, it is not as simple as it may appear and there are rules and regulations you must adhere to if you don't want to get your fingers burned:

Your shelter must not be ‘enclosed' or ‘substantially enclosed' In a nutshell, premises are considered to be ‘enclosed' if they have a ceiling or roof and are wholly enclosed (apart from doors, windows or passageways) - whether on a permanent or temporary basis. Tents, marquees and similar structures will also be classified as enclosed premises if they fall within this definition.

Premises are considered ‘substantially enclosed' if they have a ceiling or roof and there are permanent openings in the walls which are less than half of the total areas of walls. This is known as the 50% rule. (A roof includes any fixed or movable structures, such as canvas awnings).

Check planning permission

You should check whether planning permission is needed for your shelter or whether the outdoor area you are planning to use is covered by an existing planning permission.

Permission is likely to be required for any form of extension to commercial premises (such as an awning or covered area) or a free-standing shelter. Even if an awning is retractable, you are still likely to need permission. You must also consider the proximity of your shelter to doors and windows of your building and those of your neighbors.

Check building regulations approval

Approval is unlikely to be required if your shelter is detached from the main building and is less that 15m2 in floor area. You may be able to go up to as much as 30m2 in certain circumstances. If you shelter is linked, you still may not need approval, but it's well worth checking before you commit.

Check licensing issues

If you own a licensed premised and you want to allow your customers to take their drinks out to your smoking shelter, you need to check that your licence extends to the outside of your building. The same rules apply if you are thinking about turning a flat roof into a balcony.

What are the penalties for non-compliance? Businesses face a fine of £2500 for non-compliance with the new law, and smokers a £50 on-the-spot fine.