Posted By Jason McQueen
With the dates now firmly set for the implementation of a smoking ban within England I was wondering if the definition of what is acceptable as an area for smoking has been established?

I know this topic has run before but using a search hasn't really established anything one way or another.

I understand the scottish legislation was quite clear on what constitutes an enclosed space but Im struggling to find the English approach.

Like many companies, we ban smoking in all places except approved smoke rooms which are either external to the buildings (portakabin) or a room which can only be reached from the car park and no from within the main building.

I'm 99% certain that these are unacceptable but need more power to my elbow to pursuade those who will be required to spend.

Posted By Glyn Phillips
Jason, The Smoke-free (General Provisions) Regulations 2006, set out the definitions of 'enclosed' and 'substantially enclosed'. I only have a draft copy of these regs but understand that the definitions have not changed in the finished doc.

"Enclosed" - "premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed, whether on a permanent or temporary basis"

"Substantially enclosed" - premises will be considered to be substantially enclosed if they have a ceiling or roof, but there are openings in the walls which are less than half of the total 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."

Hope it helps.

Glyn

Posted By Glyn Phillips
Martyn, they're the ones. Has anybody seen a copy of the final text of these regs?

Posted By Jason McQueen
Reading the draft proposals it would appear that such rooms are acceptable (portakabins etc) as the main requirements are that any room designated for the use of smoking:

1. Rooms used for smoking need to be designated in writing as such by the person in charge of the premises.

2. Rooms designated for smoking must be clearly marked as a room in which smoking is permitted.

3. Rooms designated for smoking must not have any door that opens onto smoke free parts of premises which is not mechanically closed immediately after use.

So, as long as these criteria are met, it appears that they are acceptable. This is quite suprising as conversations I've had with people prior to this would suggest that they wouldnt be.

Posted By Jason McQueen
Yes, I was reading that wrong. Didn't notice the 'in order to access an exemption'. Since our company isn't eligible for an exemption, it cannot access one. Was just having a provisional 'quick flick'.