This post is a guide to the government regulations implemented in 2007 for smoking shelters. Following similar bans in Scotland and Wales, England banned smoking in almost all enclosed workplaces and public areas. The overall aim of the legislation is to reduce smoking and to protect non-smokers from involuntarily being exposed to second-hand smoke.
The law obliges employers to have ‘no smoking’ signs in all workplaces and vehicles and ensure people don’t smoke in enclosed work premises or shared vehicles. Staff smoking rooms are a thing of the past, and all smokers must go outside to smoke. This also comes with fines and penalties – up to £2,500 if you don’t stop people smoking indoors and up to £1,000 for the lack of ‘no smoking’ signs. In Scotland, this is fixed at £200 but can go up to £2,500 if unpaid.
This means that as an employer, you should really consider installing some smoking structure such as a smoking shelter. Let us explain more about what the regulations are on those.
What is a smoking structure?
It’s a structure designated for smoking outside that is roof-covered. It does not need to have side walls, but it obviously can for added comfort and protection from the weather. Even a simple smoking canopy installed on an outside wall is an example that meets requirements and provides smokers with a roof and enough ventilation. From there on, you can always improve upon your smoking area provisions and go for something bigger and better like this Open Fronted Smoking Shelter with a roof, back and sides for a more enclosed feel. Now, you may be wondering – must you provide an external smoking shelter for staff and customers?
Do I need to provide external smoking shelters for any of my customers or staff that smoke?
No, there is no legal requirement to provide a smoking shelter for employees or customers. Employers must display ‘no smoking’ signs and take steps to ensure their premises are smoke-free, but you are not obliged to provide smoking spaces.
Saying that, it may be an excellent idea to install a smoking shelter anyway. It is a realistic prospect that your smoking staff will keep smoking, and they will need to do it somewhere. However, if you don’t provide a designated space, they will go outside and do so at a spot of their choosing, which could become a problem. It may become an issue as the smoking ban brought in new considerations you need to be mindful of, such as health and safety, litter (cigarette butts) and problems with noise, anti-social behaviour and second-hand smoke. These are all things you need to limit.
To prevent potential problems, you are better off creating a designated space for smokers that is appropriately located, safe to use and conveniently designed. Our Bolton Smoking Shelter is an excellent example of a well-designed and built smoking enclosure that provides cover from the weather, has optional bench seating for added comfort and ashtrays which further decrease chances the fire hazard or littering which can happen as a consequence of smoking.
If you decide to install a smoking shelter, you should ensure it complies with the law. You can rest assured that all our products are compliant and follow the 50% enclosed rule.
How enclosed can the shelter be?
There is no specific description of what a smoking shelter should look like in the law. However, there is one very clear and specific rule any shelter needs to comply with. The smoking shelter can not be substantially or fully enclosed. They must have openings to the outside. The gaps must be at least half the exposed area of the shelter’s perimeter. In short, to comply with the regulations, at least 50% of the perimeter under the roof must be open space to ensure proper ventilation.
In practice, if you install a smoking shelter against a wall, you must be careful how open its sides and front are. It is sometimes a misconception that this means that a smoking shelter cannot be protective enough from the rain or wind. This isn’t necessarily the case. An example of a well-enclosed and fully compliant smoking shelter is our Four Sided Smoking Shelter, which provides both substantial cover and is still open enough and abides by the 50% rule.
Doors, Windows and Passageways are not considered openings
One crucial thing to be aware of when considering providing smokers with a designated space is that the law excludes doors, windows and passageways when determining whether a shelter is part or substantially enclosed. Windows and doors can be shut, changing how much your shelter is actually enclosed. Furthermore, a closed window or a door would defeat the purpose of the 50% rule, which is to ensure good ventilation and that smoke isn’t simply trapped inside. The legislation protects users by ensuring adequate, and natural ventilation is always present.
How far can any other structure be from the smoking shelter?
The law does not provide a distance that smoking shelters should be from other canopies or structures. It must be remembered, though, that natural ventilation effectiveness will be reduced if the shelter is positioned close to other structures, such as walls or hedges. Therefore businesses, councils, schools, and universities should be mindful of this when choosing the shelter location.
Additionally, think about any potential for second-hand smoke. Don’t position your shelter under a window where the smoke would likely rise to. We recommend that smoking shelters are a minimum of 1.5 metres away from other structures. This is only a recommendation, and each scenario can be evaluated individually. If you need further clarification, call us or contact the Health and Safety Department at your local authority or council directly.
In-depth details of the smoking ban can be seen here. You should also check your local council’s website for information. This is an example from Brighton and Hove City Council’s page on the matter where they give further guidance.
If you have any questions about this article or would like some advice on your shelter requirements, please get in touch at 0800 612 7503 or [email protected]