Rank: New forum user 
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I would like to ask is anyone else noticing an increase in public houses allowing smoking in very enclosed areas? In Wiltshire it is becoming clear that maybe publicans need a reminder on the law. There are two public houses that have fully enclosed outside areas with diners etc in and ashtrays with people smoking, i aproached one lad when i first saw him light up... but he said the landlord said it was fine. You have to enter and exit the pub via this room, and its smoke filled! Should i contact the local council, EHO or deel with it as a health and safety advisor myself?
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Rank: Super forum user
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Is the area “enclosed or substantially enclosed “ as defined by the regulations? See http://www.smokefreeengland.co.uk/what-do-i-do/quick-guide/#:~:text=The%20main%20points%20of%20the,are%20used%20for%20work%20purposes for definitions of enclosed and substantially enclosed. If it is enclosed then even if the landlord agrres with it smoking is not ok permitted by law and the landlord is committing an offense(section 8 Health Act 2006) and the smokers are also committing an offense(Section 7 Health Act 2006) Enforcement is by local authority so contact them if you think that there is breach but of course as you are not employed by the pub and not an enforcement officer you have no powers to make them stop. You can advise that this is inappropriate but I am not sure of what feedback you might get from the pub staff. Edited by user 14 March 2022 15:08:52(UTC)
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 1 user thanked A Kurdziel for this useful post.
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Rank: Super forum user
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Harmony, doubt that there is any particular increase, other than perhaps one relating to the opening up of additional external spaces to cater during Covid. People have been trying to find loopholes in the smoking legislation since it came into force and perhaps these pubs are out in the sticks where they don't think they are likely to be caught and even less likely to have the strong arm of the law exercised against them. But AK is right - you have to consider the definitions of "enclosed" and "substantially enclosed". P
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Rank: New forum user
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Thanks for all the help and advice, yep the two areas are both conected to pubs, one is fully enclosed the other has a small gap between the walls and roof, but they are far too enclosed! Yes you are right peter they are out in the sticks, I feel there is no excuse as they could create a smoking space that is legal, So i do not understand why they are doing this, its awfull for diners that are in these lovely rooms, so you mainly now have a lovely garden room set up with log burner etc and it maybe will have two or three smokers and unused by anyone else. Again thanks for the info and links, i think about what to do, but i will not deal with it directly too the pub workers... as you say... may not be taken well.
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