Posted By Dave Morris Can anyone give me their interpretation on the new smoking restrictions in England and Wales starting in July? Will it mean that enclosed smoke rooms inside factory buildings are banned?

Posted By Malcolm Shepperson I get the ban on indoor smoking rooms, but does it mean that outdoor smoking rooms are banned as well? We have a 'smoking shed' outside which is just that, a garden shed that smokers go and sit in to smoke. Given that only smokers sit in there, is it still going to be legal in July?

Posted By Alan Hoskins All enclosed or partially enclosed areas must be smoke free - even if only used by smokers. A bit over the top perhaps in the circumstances you describe Malcolm. We have bus shelter style smoking shelters and it looks as if we will have to remove much of the coverings, which rather defeats the object I think. Alan

Posted By J Knight Hi Malcolm, If it is enclosed on more than 50% of the total area of its sides and has a roof it is 'enclosed' in the meaning of the regs and can't be used for smoking. In effect, smoking shelters will have to look a bit like bus shelters, or be in an open fretwork stylee. There are pictures on the net from people supplying shelters which will comply, and which already do comply under Scottish law. Doors and windows are included in the 50% which is enclosed if they are able to be closed, so you can't sit in your shed with windows and doors open; however, you can take doors and windows out if that helps to reduce the solid area to less than 50%. Oh, and on another thread Salus asks if a passage way which is open at both ends but roofed by a floor above is enclosed; it is, and the length of the two 'closed' sides would have to be less than 50% of the open ends for smoking to be allowed in it. Of course, this is workplaces only so doesn't apply to domestic dwellings, John John

Posted By Anders Molko If it the same as the Irish legislation, which i presume it is, then its 50% open or if the roof doesnt join onto the walls (ie there is a gap between wall and roof) then that is ok to.

Posted By J Knight Hi Anders, It doesn't work that way in Scotland and it won't in England, its less than 50% or nothing I'm afraid, John

Posted By Alan Hoskins I believe there are special arrangements for some premises - including hospitals, I think - but such rooms must be solely used as smoking rooms and not be tv rooms and the like. That's from the consultative document though, so might be different in the Regs. Alan

Posted By John_Webster I understand an enterprising landlord was considering getting a submarine, as submarines are exempt under the current scottish regs!!

Posted By Pete48 Try looking at this site, it has some piccies of what 50% and all that looks like. This is Scottish advice but ours will be the same no doubt. http://www.south-ayrshir...ntalhealth/smokefree.asp

Posted By Jonathan Breeze Just a reminder, because the original question included Wales: If you have premises or properties in Wales, the ban will come into place in April and not July. I have an unresolved question myself: We have a colonnade outside one of our premises which is more than 50% covered, and forms part of the fabric of the building we rent. It's not strictly a place of work, but it is part of the premises. People who are at work for us, would use it to access our buildings and to go from one building to another. Members of the public also use it as a footpath and for access to our premises and adjacent shops. Are we obliged to stop our employees, customers and general pedestrians from smoking in this area?

Posted By Charley Farley-Trelawney Dave B poses an excellent question of which I would be most interested in hearing from an expert as to what they percieve in these situations. many thanks C

Posted By Ian Dale Visitors to Glasgow have commented that the pubs are very popular - always a queue outside them!

Posted By John Murgatroyd Yes, we do [live in a democracy]. The democratically elected government passed legislation, supported by all parties, banning smoking in workplaces etc. The non-smoking majority of the population can then go into a variety of places where the smoking minority cannot smoke.

Posted By Simon Ayee The legislation (Health Act 2006 and regulations) applies to enclosed or substantially enclosed workplaces and places to which the public have access: they must be smoke free apart from some exceptions. They must also display approved signs. The offences include smoking in a smoke free place or having lit tobacco etc. in a smoke free place. Fixed penalty notices can be served for some offences. Place includes substantially enclosed areas outside (roofed and 50% or more walls etc. as already discussed)- a Colonnade or balcony should be smoke free if it is substantially enclosed. Vehicles used by the public or for more than one worker are included (I would have to check on private cars used for business purposes). Planning approval may be required for a smoking shelters or areas in some premises. The legislation deals with smoking in smoke free places not outside them and does not deal with smoke drifting inside or affecting people outside smoke free areas. There is no distance away from the building specified. I have not looked at the English regs but they should essentially be the same as the Welsh regs apart from the start date as Jonathan mentioned.

Posted By Simon Ayee It not that I think my posting was worth repeating I just clicked twice on the post response button. Simon

Posted By Anders Molko Before it came out in Irelamd, everyone was opposed to it. But it has been a huge success and i dont thik anybody would change it, even the smokers. Going outside for a cigarette (if your a smoker!) is also good fun as you can chat and meet new people who will be standing around smoking. It just needs to be enforced properly. Who will be the enforcers? Ireland set up the Office of tobacco control and EHOs go around checking compliance with signage, spot checks etc.

Posted By J Knight The number of people visiting pubs and clubs will not, repeat not, fall by any significant or lasting amount. In a year's time everybody will wonder what all the fuss was about. Did people stop travelling on trains when they became non-smoking? And what about flying? anybody remember the days of 'smoking or non-smoking' on planes? Have passenger numbers fallen since the smoking ban on flights? Indeed, were they falling prior to Ryan Air et al? Pah! Wake up and smell the fresh(er) air. Anyway, rant over. Just as an aside, does anybody else think that the impending smoking ban is one of the main drivers behind the current nanny-state hysteria? I mean, nobody likes being told what to do by the government, granted, but why is there uproar now, when there wasn't, say, four years ago? I think its because for many people, especially smokers, the pending change is a source of deep anxieties (which nobody is admitting or acknowledging) and this is spilling over into a wider public 'debate' about over-regulation. Of course, it could just be me... John

Posted By Merv Newman Not adding in the least to the above debate but there is an interesting illustration of how different European countries implement the same legislation : The "smoke free workplace" legislation came into effect in France today. Effectively it covers places to which the public has access and any public building including government offices, hospitals and schools (including the play grounds and didn't that set off some pupil reactions !) Bars, restaurants and cafés have until the end of this year to comply. The major difference is in the "non-enclosed space" requirements. "Smoking rooms" may be provided at the employer's discretion. Such rooms will be totally enclosed, with adequate ventilation and self closing doors. No services (coffee machines) shall be provided. Cleaning staff or other non-smokers shall wait one hour after the last smoker has left before entering. A difference in philosophy. Policing is the responsibility of the Gendarmes who can hand out on-the-spot fines of 68 € to smokers violating the rules. (about £40) I've been through a number of airports over the past year or two. The most convivial smoking area I found had a glass walled section of the business lounge with the same bright, comfortable seating as the rest of the lounge. And a very chatty crowd of strangers. The worst had a gray, partition walled area with grey metal seats and the usual filthy floor. Horizontal ventilation was so fierce it nearly drew the tobacco out of my pipe. No-one said a word. Merv Thinking about it, I can go one better on airport "no smoking" controls : In North-West Africa incoming or outgoing passengers are liable to have all cigarettes and tobacco removed from their luggage. Along with cameras, credit cards and cash.

Posted By Rob T Bill, The Secretary of State does not have the power to impose a smoking ban in the open grounds of a hospital without an act of parliament! He/she (whoever it is that's in at the time) can go whistle in the wind as the wind or air does not belong to them. And, when (not if!) Gordon Brown decides that all Oxygen belongs to him, then we will at last, have the world's most controlled state. The hospital also cannot ban members of the public (they can put up all the notices they like but they mean nothing) from smoking outside on the grounds. They can stop you littering though! Watch where you put those fag buts.

Posted By Simon Ayee Craig From your description the room is enclosed and will have to be smoke free i.e. you will not be able to use it as a smoking shelter. You should contact the Environmental Health Dept of your Council for further advice if you want to provide a shelter. Simon