Posted By AjSaunders The law is very clear and uses the terms partially or wholly enlosed - accepted as being 50%. Any structure or building therefore which is less than 50% enclosed on totality of all sides is in effect exempt from the regulations. Some local authorities however have taken the stance of not permitting smoking anywhere upon the council grounds. The problem with this is that they can only enforce this stipulation in-house with their own employees through disciplinary proceedings - not as a breach of law, as a member of the public is not breaking any laws by for example smoking within their grounds. I had an issue recently where a community association tried to stipulate to attendees of a community fete held within a shcool playground that they could not smoke and that the association and attending individuals could be fined. Utter rubbish. The authority in question had made this stipulation as part of their letting procedures which is fair enough, but is completely un-enforcable for attendees of the gathering in a completely un-enclosed space - only the association members. Off track i know, but it raised some debate.

Posted By jackdaw What I meant to add was - if I'm correct in my view of needing a ceiling or roof - if the backyard does not have a ceiling or roof then it cannot be classed as enclosed

Posted By John Webster Quite right, Jackdaw. An enclosed area under the regs first needs a roof.