Guidance on Smoking Shelters
Do I need to supply a shelter for smokers?- No, but if you do,
it must comply with the law
Some businesses within Bath and North East Somerset may decide
to provide smoking shelters. Although legally they are not
obliged to do so, those businesses need to understand that any
shelters that are ‘enclosed’ or ‘substantially’ enclosed need to be
smokefree.
What does enclosed or substantially enclosed mean?
Enclosed - Premises will be considered to be enclosed if they
have a ceiling or roof and, except for doors, windows or
passageways, are wholly enclosed, whether on a permanent or
temporary basis. Tents, marquees and similar structures will also
be classified as enclosed premises if they fall within this
definition.
Substantially Enclosed - Premises are substantially enclosed if
they have a ceiling or roof, but there are permanent openings in
the walls which are less than half of the total areas of walls,
including other structures which serve the purpose of walls and
constitute the perimeter of premises. This is known as the 50%
rule.
When determining the area of an opening, no account can be taken
of openings in which there aredoors, windows or other fittings that
can be open or shut. A roof includes any fixed or movable
structures, such as canvas awnings (Smokefree England)
This smoking shelter (left) was erected prior to the smoking ban
and the owner wished to know whether it complied. The
perimeter in this case is set by the roof, which slopes from back
to front.
Total area on perimeter (T) =front + back + 2 sides
Front area =2.2m x 5.1m =11.22m2
Back area =3.4m x 5.1m =17.34m2
Side area (combined) =2 (2.2 x 2.3) + 1(1.2 x 2.3) =12.88m2
T =41.44m2
Total area of solids (X) =front walls + back wall + side
walls
Front solid =1.6m x 1.0m + 1.8m x 1.0m =3.4m
Back solid =3.4m x 5.1m =17.34m2
Sides solid =2(2.3m x 1.0m) =4.6 m2
X =25.34 m2
Totals area of gaps (space) to open air (Y) =T- X =41.44 m2 –
25.34 m2 =16.1 m2 Y=16.1 m2.
Expressed as %, X (solid) is 61 % of the smoking structure and Y
(space) is 39%, so Y is not at least 50% of the structure. So the
structure is “substantially enclosed” and smoking could not be
allowed.
The owner, to make the structure comply, removed two complete
panelled sections from front and side and half of further panelled
section of the front. Solid material removed to equivalent
of 4.9 m2, so X =20.44 m2 and Y =21 m2.
Expressed as %, X (solid) is 49.3 % of the smoking structure and
Y (space) is 50.7%, so Y is now at least (exceeds) 50% of the
structure. So the structure is not “substantially enclosed”
and smoking could be allowed.
B&NES Council would like to thank South Ayrshire Council for
the use of this worked example
We would strongly recommend that you provide similar
calculations for your smoking shelter if you require advice on
compliance with the 50% rule. Please also bear in mind that
planning applications take approximately 8 weeks (if objected to
then allow another 4 weeks for a committee hearing).
Alternatively, you may wish to consider temporary structures
before going to the expense of building; examples include: awnings,
jumbrellas and parasols.
Whether you decide to provide permanent or temporary structures
you may also need to consider any/ all of the following:
- Conditions of existing License/ Certificate
- Planning/ Building Control
- Listed Building Consent – (signage, stub plates & litter
bins)
- Noise/ nuisance problems.
If in doubt please ask
