Since it has been against the law to smoke at work and in public places Smoking Shelters and Walkways have been installed in many businesses. However all smoking shelters are not equal and you must follow these guidelines. From 1st July 2007 it will be against the law to smoke in virtually all public places and workplaces. Indoor smoking rooms will no longer be permitted. There is no legal requirement for you to provide designated external areas for smoking or outdoor smoking shelters for your staff. However, if you are intending to provide a smoking shelter, you will need to ensure that it complies with the law in that it is not ÒenclosedÓ or Òsubstantially enclosedÓ.
A smoking shelter will be considered ÔenclosedÕ if it has a ceiling or roof, and except for doors, windows and passageways, is wholly enclosed, either on a permanent or temporary basis.
A smoking shelter will be considered to be Ôsubstantially enclosedÕ if it has a ceiling or roof, but there are openings in the walls that are less than half of the total area of walls (ÒwallsÓ can include other structures which 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 movable structure or device that is capable of covering all or part of a premises - this would include retractable canvas awnings.
Therefore if you intend to provide a smoking shelter you must ensure that it is at least 50% open sided, not including any windows or doors. Our smoking shelter all comply with these guidelines.