SMOKING BAN IN A WHOLLY ENCLOSED OR SUBSTANTIALLY ENCLOSED SPACE

• An example of a “wholly enclosed” room is one which has a ceiling or roof which extends over every wall and there are no openings i.e. empty spaces or gaps except for door.

• An example of a “substantially enclosed” room must have an opening i.e. empty space or gaps (such as missing walls) which are open to the outside air. If the roof has an opening or aggregate of opening less than half the area of its perimeter it is substantially enclosed.

• Basically to comply with not being substantially enclosed and to allow smoking, over 50% of the perimeter under a roof or ceiling must be space.

• A smoking structure is an area under a roof or ceiling. It does not have to be a structure with walls and could simply be the area under a canopy or awning.

• The legislation does not specify a distance that smoking structures should be from other structures. The legislation states that “any other structures serving the purpose of walls which constitute the perimeter of the premises” can be considered when determining substantially enclosed.

• Any structure which provides a sheltering effect can be described as serving the purpose of a wall.

• A smoking structure can be attached or situated next to one wall or one structure. Any other wall or structure which comes within 1.5 metres of a smoking structure may be considered as moving the perimeter of the area where smoking is allowed to that structure. The smoking area for calculation of substantially enclosed would be to this extended perimeter.

• The 1.5 metres is not standard it is just a guide to businesses. There may be occasions where a smoking structure comes within the 1.5 metres and still complies with being not substantially enclosed.

• A structure could be natural e.g. hedging or man-made e.g. brick, anything that we would consider as giving a sheltered effect to the smoking structure. Structures could be permanent or temporary therefore would include removable screens and large plants in pots.

• If the roof or canopy over a room with four walls is retractable and the roof is fully open then the smoking is allowed. If the roof is fully closed then smoking is not allowed because the room is wholly enclosed. Bearing in mind there will be some point where the roof can be partly retracted to and smoking could be allowed.