Smoking Area Information
Smoking shelters and other features
Background
- The smoking ban came into force in England on Sunday 1 July 2007
- The aim of the smoking ban is to create smoke-free places and to protect workers and public from harmful effects of passive or secondary smoke
- the law will affect most public places, including restaurants, pubs, bars, shops, cinemas, shopping centres, leisure centres, offices, factories and other enclosed workplaces and public transport
- exemptions include:
- private accommodation, but not common parts, for example lifts and staircases
- prisons for adults
- hotels
- other residential accommodation in hospices, care homes, mental health units
- premises and businesses will seek to provide areas for smokers, by the provision of facilities such as smoking shelters, canopies and cigarette bins.
- these shelters will consist of a roof, and a combination of panels and openings to comply with the law.
Purpose of this Note
- to provide planning guidance on the provision of smoking shelters, smoking areas and facilities, and compliance with the new health legislation, but please note this guidance note is not a definitive interpretation of the law
- to advise on the possible need for planning permission depending on the type and size and giving the factors to be taken into account in deciding whether or not such permission will be granted
What is Meant by “Enclosed” and “Substantially Enclosed”?
- whether a proposed smoking shelter complies with the legislation
- “enclosed” premises have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed, either permanently or temporarily
- “substantially enclosed” premises have a ceiling or roof, but any openings in the walls have a total area which is less than half of the area of the 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
- a roof includes any fixed or moveable structure or device that is capable of covering all or part of the premises, and includes, for example, a retractable canvas awning
- in summary, smoking shelters with a roof and walls where the permanent openings have a total area that is the same or more than the total area of walls will be classified as “substantially enclosed” and will not fall within the provisions of the health legislation as a smoking shelter. 50% Open General.
- you are therefore urged to take independent advice from your own legal adviser before submitting any planning application for a smoking shelter
- Environmental Health advice will always be sought on planning applications for smoking shelters and related features
- be aware: you need to ensure that your proposed shelter is not “substantially enclosed” - if it is then it clearly would not comply with the smoke free regulations and you will be wasting your time and money
- you should also be aware that siting smoking shelters too close to walls of adjacent buildings or fences could have the effect of enclosing the structure to the point where it would become “substantially enclosed”
The Need for Planning Permission
Planning permission will normally be required for the following operations and uses:
- permanent external smoking shelter structures - whether freestanding or attached to existing buildings
- awnings / canopies / blinds attached to buildings - will almost always have a material effect on the external appearance of a building
- pavement and forecourt tables and chairs sited on the public highway or a private forecourt
- use of any land as a beer garden or yard, where the land does not form part of the business premises
- stub-out bins on the front of premises
- construction of timber decking
Planning permission will normally not be required for the following operations and uses:
- portable freestanding awnings / canopies and space heaters
- the use of beer gardens and yards, where these are ancillary to the main pub / restaurant use and are lawfully part of the existing business
Where there is any doubt about the need for planning permission you should check with your Council’s Planning Service before proceeding.
Please note
Applications for smoking shelters should include calculations to demonstrate that the structure would not be “substantially enclosed”. These can be provided upon request.
Planning applications for smoking shelters and related structures would normally take up to 8 weeks from the time we receive a valid application.
Proposals affecting premises will be particularly sensitive. The design of a smoking shelter would need to be of exceptional quality, to consider the appearance of the surrounding area.
Building Regulations Approval
The following structures are exempt from control under the Building Regulations:
- a small detached single storey buildings with an internal floor area of not more than 30m² which contains no sleeping accommodation, and is sited at least 1m from the site boundary or constructed substantially of non-combustible material
- a small detached single storey building with an internal floor area of not more than 15m²
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the extension of a building by the addition at ground level of:
- a conservatory, porch, covered yard or covered way; or
- a carport open on at least two sides; where the internal floor area of that extension does not exceed 30m², provided that in the case of a conservatory or porch which is wholly or partly glazed, the glazing satisfies the requirements of Part N (Glazing - safety in relation to impact, opening and cleaning) of the Building Regulations 2000
Smoking Shelter Direction / Location Signage.
If you propose to provide new external signs to direct persons to smoking shelters, you may need to make an application for Advertisement Consent.
The main concerns in deciding whether to grant consent will be:
