Smokefree legislation: Smoking shelters
There is no legal requirement to make a provision for smokers, however one option is to provide a smoking shelter.
A smoking shelter will need to conform to the Government definitions and not be 'wholly' or 'substantially' enclosed.
When providing shelters for staff or customers, it is important to also consider:
- Noise
Think about where the shelter is positioned and whether it will affect nearby residents. Ensure it does not cause any disturbance to your neighbours. - Odour
Be mindful of the fact that neighbours may object if shelters are located where smoke odour will drift into their property. - Heating and lighting
This is not a requirement, but something to consider, however take care it does not become a nuisance to neighbours. - General
Whether an outdoor shelter is provided or not you will need to consider the impact smokers will have on litter, and any fire hazards it may generate.
Planning permission
Most shelters will require planning permission or listed building consent. Planning applications will be assessed against the relevant planning policies and other relevant considerations.
These are likely to include the effect on the living conditions of any nearby residents and whether the structure has an acceptable appearance in its particular context.
Businesses should be aware that any applications for development in the Green Belt are unlikely to be supported by the Council.
