Smoking shelters
Some businesses are considering providing an external ‘smoking shelter’ to provide some protection from the elements for customers/employees who go outside in order to smoke.
If you’re thinking of providing a smoking shelter, you will need to ensure that it complies with the law, i.e. that it is not wholly or substantially enclosed. The definition is explained below:
Enclosed premises
A premises will be considered to be enclosed if it has a ceiling or roof, and except for doors, windows and passageways, is wholly enclosed, whether on a permanent or temporary basis.
Substantially enclosed premises
A premises will be considered to be substantially enclosed if it has a ceiling or roof, but there are openings in the walls which are less than half of the total area of walls (including other structures which serve the purpose of walls and constitute the perimeter of the premises). When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be opened or shut.
Roof
This includes any fixed or movable structure or device which is capable of covering all or part of a premises as a roof - this would include retractable canvas awnings.
You are advised to seek legal and planning advice on the issue, as your proposal may require planning, building or licensing consent.
There is no legal requirement to provide a smoking shelter or other designated external area for smoking.
