Smoking Areas and the Law

If you're considering providing a designated smoking area for staff or customers, there are a number of local and national laws and regulations you need to be aware of.

The smoking ban itself was implemented by the following statutory instruments:

  • Smokefree (Premises & Enforcement) Regulations 2006 in England
  • Smoking, Health and Social Care (Scotland) Act 2005
  • The Smoke-free Premises etc. (Wales) Regulations 2007
  • The Smoking (Northern Ireland) Order 2006

The enforcement of the smoking ban is consistent throughout the United Kingdom: premises that are wholly or substantially enclosed must be smoke-free. The laws cover all permanent and temporary structures, though exceptions are made for certain types of places such as prison.

Partially Enclosed

Premises that do not have a ceiling or roof are considered open, and therefore smoking is permitted. A designated smoking area that offers protection from the weather must have permanent openings in the walls that are more than half of the total wall area. Doors and windows that can be opened and shut are not counted as open.

Location Considerations

The siting of a smoking area is a sensitive issue that must be carefully considered before installation. Openings in a partially enclosed shelter must be more than 1.5m away from a permanent wall to ensure adequate ventilation.

Smoking areas have the potential to cause environmental issues for your neighbours. If your business only operates a usual 40-hour UK working week of Monday to Friday, 9-5, this may not cause a problem, but premises open late into the night should be aware of any residential properties around them and site their smoking shelter accordingly. Whether the smokers you accommodate are shift workers, who will be smoking on designated break times and likely in small groups, or customers smoking to their own schedule (particularly in licensed premises), natural conversation can cause problems when neighbours are trying to sleep. Illuminating the area could also be a nuisance.

Planning Status

Planning permission would normally be required for permanent freestanding structures on your property, including the addition of canopies attached to your building. We would strongly encourage you to contact the planning department of your local council for advice on your individual situation before installation.

Glasdon smoking shelters are designed to comply fully with all relevant legislation. Carleton 50™ Smoking Shelters are designed to be no more than 50% enclosed while sheltering smokers from the wind and rain. We use toughened glass panels to reduce the risk of accidental injuries and the shelter's aluminium framework is either anodised or treated with a coloured Armortec® Coating to ensure a high degree of corrosion resistance and eliminate re-painting.

To discuss our range of high quality smoking control products, telephone our sales team on (01253) 600410 or email enquiries@glasdon-uk.co.uk today.

Tuesday, February 26, 2013

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