Posted By Tony Power
Can any body tell me the definition of an enclosed public place, a smoking shelter in a work place if it had a roof and three sides would this be classed as an enclosed place?

Posted By John Cook
Within Scotland (if my recollection is correct) if it has a roof and walls on more than 50% of the perimeter it is classed as an enclosed space.

Don't know what the intended definition is going to be in England and Wales.

Posted By holmezy
Been having a similar discussion re big brother...
Enclosed and substantially enclosed premises
2.—(1) For the purposes of section 2 of the Act, premises are enclosed if they—
(a) have a ceiling or roof; and
(b) except for doors, windows and passageways, are wholly enclosed either permanently or
temporarily.
(2) For the purposes of section 2 of the Act, premises are substantially enclosed if they have a ceiling or
roof but there is—
(a) an opening in the walls; or
(b) an aggregate area of openings in the walls,
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.
(3) In determining the area of an opening or an aggregate area of openings for the purposes of paragraph
(2), no account is to be taken of openings in which there are doors, windows or other fittings that can be
opened or shut.
(4) In this regulation “roof” includes any fixed or moveable structure or device which is capable of
covering all or part of the premises as a roof, including, for example, a canvas awning.

Posted By Bob Shillabeer
Hot(ish) off the press (well my printer anyway) The Smoke-Free (Premises and Enforcement) Regulations 2006 which come into force in England on 1st July 2007 cover this topic. Regulation 2 states the (1) For the purposes of Section 2 of the Act (the Health Act 2006) premises are enclosed if the - a) have a ceiling or roof; and b) except for doors, windows and passage ways, are wholly enclosed either permanently or temporarily. (2) For the purposes of section 2 of the Act, premises are substantially enclosed if they have a ceiling or roof but there is - a) an opening in the walls; or b) an aggregate area of the openings in the wall, which is less than half the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises. (3) In determining the area of an opening or an aggregate area of openings for the purposes of paragraph (2), no account is to be taken of openeings in which there are doors, windows or other fittings that can be opened or shut. (4) In this Regulation"roof" includes any fixed or movable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning.

So my undestanding is if the walls are more than 50% of the aggregate walls then it is an enclosed or substantially enclosed premises. Therefore no smoking.

Bob.

Posted By John Cook
William

would have to assume that if it is enclosed on more than 50% of the perimeter then it would be subject to the legislation.

With regard to bus shelters, I do know that as they are being replaced in my local area they are only using the type with a roof and a back, which would comply with the legislation. Don't know if this is because of the legisaltion or simply cheaper to install?

Posted By lewes
I understood that the second lot of legislation regarding this (mainly to do with company vehicles etc) was being released in the new year. Has anyone got any further information of this ??

Thanks