Smokefree legislation: What is a 'wholly' or 'substantially' enclosed premises?
The Government has drawn up definitions of what constitutes a 'wholly' or 'substantially' enclosed premises:
- Wholly 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.
- Substantially enclosed
- Premises will be considered to be substantially enclosed if they have a ceiling or roof, but there are openings in the walls which are less than half of the total area of 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. For this regulation, 'roof' includes any fixed or moveable structure which is capable of covering all or part of premises.
Essentially a premises is considered as substantially enclosed if it has a roof and is more than 50% walled.
