Name: Smoke Free Legislation
Description: Smoke free legislation comes into effect on 1 July 2007

Smoke Free Legislation

Smoke free legislation comes into effect on 1 July 2007.

There is no legal requirement to make a provision for smokers, but 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. A premises is considered to be substantially enclosed if it has a roof and is more than 50% walled.

Most shelters will require planning permission or listed building consent and you are advised to take into account the requirement of the smoke free legislation as well as the relevant planning considerations.

Planning applications will be assessed against the relevant planning policies and other considerations such as 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.

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.

Odours - be mindful of the fact that neighbours may object if shelters are located where smoke odour will drift into their property

Heating and lighting – these are not a requirement, but something to consider, to ensure that 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.

Last Updated: 07th June 2021