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:

• Email Environmental Health, or telephone 01233 330517
• Email Planning, or telephone 01233 330264