Posted By Sean Warburton
Hi all, I'm guessing this has been done before but didn't really find a definitive answer i was after when i searched.

We are considering our options in relation to the new Smoking Regs.

1, What kind of shelter can we provide? My understanding is, so-long as it is open by 50% or more this is OK. Enclosed by 50% or less and it becomes enclosed. However, does this include the roof? Any help appreciated folks.

2, Is there an obligation to provide such a shelter & if so what distance from building?

3, If a shelter is not provided how far from the premises do employees need to go to smoke, if any distance at all?

Thanks all

Posted By Mathew Wright
This is taken from the draft regs:

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

Substantially enclosed premises: 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 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.

For this regulation, “roof” includes any fixed or moveable structure or device which is capable of covering all or part of premises as a roof. This would include retractable canvas awnings.

As has been said, a shelter does not have to be provided. If one is provided then there is nothing stating how far from the building it must be - however, too close and the building might become a wall to the shelter and prevent it from being more than 50% open.

If there is no shelter then staff only have to be outside.