Smokefree legislation: Smoking shelters
In making your preparations for the introduction of the Smokefree provisions on 1 July 2007, it is advised that you are particularly careful with any plans for outdoor smoking shelters - a shelter which does not meet the planning and/or smoke free legislation could be a significant wasted expenditure.
This guide aims to 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?
As yet there is no legal definition, But any smoking shelter has to be less than ‘substantially enclosed’. This means that more than 50% of its sides must be permanently open.
Whilst it will be illegal to smoke or allow smoking in an enclosed or substantially enclosed premises, there is no legal requirement to provide a shelter.
Some other considerations for shelters
- You will probably need planning permission, an application can take up to 8 weeks to determine so you should plan for this accordingly. For further advice see below (*).
- You can’t provide temporary covers for any of the open parts—this stops them being counted as permanently open
- Customers or staff outside you 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 illustration to the right gives a good indication of what should be acceptable.
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 law refers to premises rather than structures, and an adjacent wall could be deemed to be part of the ‘premises’ of your shelter—see image below)
Remember, we are here to help – useful contacts:
- Environmental Health (01322) 343520 or environmentalhealth@dartford.gov.uk
- Planning (01322) 343203 or development.control@dartford.gov.uk
There is no legal requirement to make a provision for smokers, however one option is to provide a smoking shelter.
A smoking shelter will need to conform to the Government definitions and not be 'wholly' or 'substantially' enclosed.
When providing shelters for staff or customers, it is important to also consider:
- Noise
Think about where the shelter is positioned and whether it will affect nearby residents. Ensure it does not cause any disturbance to your neighbours. - Odour
Be mindful of the fact that neighbours may object if shelters are located where smoke odour will drift into their property - Heating and lighting
This is not a requirement, but something to consider, however take care it does not become a nuisance to neighbours. - General
Whether an outdoor shelter is provided or not you will need to consider the impact smokers will have on litter, and any fire hazards it may generate.
Planning permission
Most shelters will require planning permission or listed building consent. Planning applications will be assessed against the relevant planning policies and other relevant considerations.
These are likely to include the effect on the living conditions of any nearby residents and whether the structure has an acceptable appearance in its particular context.
Businesses should be aware that any applications for development in the Green Belt are unlikely to be supported by the Council.
