outdoor smoking laws…call Environmental Health if you have an issue
…it is necessary to understand the use of the terms “enclosed” and “substantially enclosed” for the purposes of designing smoking shelters and other such structures.
• “enclosed” premises have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed, either permanently or temporarily
• “substantially enclosed” premises have a ceiling or roof, but any openings in the walls have a total area which is less than half of the area of the walls, including other structures that 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
• a roof includes any fixed or moveable structure or device that is capable of covering all or part of the premises, and includes, for example, a retractable canvas awning
• for a smoking shelter to comply with the legislation, then the permanent openings must have a total area that is more than half the total area of walls that will enclose it
• you should also be aware that siting a smoking shelter too close to walls of adjacent buildings or fences could also have the effect of enclosing the structure to the point where it would become “substantially enclosed”
• you will therefore need to ensure that your proposed smoking shelter is not “substantially enclosed” before making a planning application
• applications for smoking shelters should include calculations to demonstrate that the structure would not be “substantially enclosed”
• the Council’s Environmental Health officer will be notified of all planning applications for smoking shelters and related features to ensure that they comply with the health legislation requirements