Rank: New forum user
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Hello colleagues, question on smoking, my client has a small unit on an industrial site, they are right next door to the site café, up to recently no problem. But the café have now opened a "patio area" eg café tables and chairs waist high posts and banners etc and designated it a "smoking area" the area is right outside my clients entrance door. We have explained to the café owner about the 15ft. from a doorway issue, to no avail, where can I find and quote actual legislation regarding this sort of smoking area, when it impacts on others, albeit on private land. (his excuse!) All help and input welcome. regards
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Rank: Super forum user
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Paul
I don't think there's any prescribed distance in the UK.
Some but not all Australian States prescribe distances 2-4m
Some but not all Canadian Provinces prescribe distances 3-9m
Washington 25 feet from entrance to public building
Ohio immediately adjacent to entrance.
Some bans on smoking in outdoor areas where food is served.
But overall, it's mostly about individual building owners setting their own guidelines, which may be difficult to enforce in relation to the public highway etc.
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Rank: Super forum user
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You might get it classed as a nuisance but then you might have to take them court and it would get very messy.
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Rank: Super forum user
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Just ask your local council......
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Rank: Super forum user
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The Environmental Protection Act 1990 Section 79 defines the various types of statutory nuisance but smoking is not one of them but you could try asking the council anyway. It would probably be a private nuisance but that would require you to take (or at least threaten to take) the business to court.
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Rank: Super forum user
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I think Environmental Health is the answer, they may visit if you report it to them.
Another way could be for you to create a bigger nuisance outside your front door, noise, manire smell etc. and see how they react. They may see your point then. lol
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Rank: Super forum user
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Contact the owners of the site. Tell them you are looking for alternative premises because of the problems with next door.
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