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The Health Act 2006 sets out that premises that are open to the public, or are used as a place of work (by more than one person or where members of the public might attend to receive or provide goods or services) are to be smokefree in areas that are enclosed or substantially enclosed. This includes both permanent structures and temporary ones such as tents and marquees. A roof includes any fixed or movable structures, such as canvas awnings.
Enclosed - Premises are 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 are considered to be substantially enclosed if they have a ceiling or roof, but have an opening in the walls, which is less than half of the total areas of walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.
Non-Substantially enclosed - Premises are substantially enclosed if they have a ceiling or roof, but have an opening in the walls, which are more than half of the total areas of walls.
This includes temporary structures like tents and marquees and structures which have movable walls and ceilings (You must assume that they are always shut when deciding if they are smokefree).
Factsheet 6 shows you how to calculate if a structure is more than 50% enclosed, therefore smokefree
There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outsider smoking shelter or area, you need to be sure that it is not 'enclosed' or 'substantially enclosed' under the definitions are set out in the Smokefree (Premises and Enforcement) Regulations. You may also need to consider other issues such as planning, licensing and building control, noise and litter.
If you require help with something in this section, please contact us.