Advice on Smoking Shelters
If you are a business considering erecting a smoking
shelter for customers or staff you need to be very careful that it
meets planning and Smokefree legislation guidelines.
The information below might help you make the right choices,
although it should not be relied upon as a definitive
interpretation of the law. Before making any final decision on a
shelter you should seek independent advice from your own legal
adviser.
What counts as a smoking shelter?
By law smoking shelters have to be less than ‘substantially
enclosed’. This means that more than 50 per cent of its sides
must be permanently open.
The image to the right gives a good indication of what should be
acceptable.
Some other considerations for shelters:
- You will probably need planning permission.
- You can’t provide temporary covers for any of the open parts -
this stops them being counted as permanently open.
- Customers or staff outside your premises may cause noise or
other nuisance for neighbours.
- You’ll need to provide some form of bin for your customers’
litter.
- If the building is listed - listed building consent may also be
required.
The location is also important, because building a structure
like this with an open side too close to a wall or other
obstruction could mean that it no longer complies.
The image to the right shows a smoking shelter too close to a
building.
Further Information
If you require further information or guidance, please contact
us:
This webpage was updated on
8/2/2011