FAQ's- Smoking ban legislation and shelter regulations

Where does the smoking ban apply?

All substantially enclosed and enclosed public places including public transport, shopping centres, restaurants, pubs & clubs. Offices and workplaces (including domestic dwellings) where more than one person works are subject to the smoking ban. Both permanent and temporary structures must abide by the law.

Are there any exceptions?

Private homes are not subject to the Health Act, as well as certain designated rooms within hotels, guest houses, hospices and prisons.

What does substantially enclosed mean?

Under the 2006 Health Act, "substantially enclosed" means premises or structures with a ceiling or roof that includes an opening or gap (not windows or doors) which is less than the total area of the wall space.

Are your smoking shelters compliant with the 2006 Health Act?

All of our smoking specific shelters have been developed to comply with the smoking ban legislation, and are at least 50% open to allow continuous flow of air whilst still providing protection from adverse weather.

How does the 50% rule work?

In the UK there is no restriction on the size of a shelter or the size of its roof. However, to limit smoke build up and thus secondary passive smoke inhalation, the sides of the shelters may not form more than 50% enclosure of the shelter. In simple terms, the shelter may only have two sides, either a back and one side or a back and two half sides. All NBB smoking shelters fully conform to this ruling and are effectively less than 50% enclosed regardless of side panel configuration.

Where is the best place to position a smoking shelter?

The positioning of smoking shelters is important as different local authorities may have differing stipulations and rules for placing shelters near existing buildings, so it is important you check the regulations first. Shelter position can also be used to maximise the effect of the shelter with regard to adverse weather. If on your site the majority of wind and rain comes from the Southwest, you should position the shelter so the back is facing this direction and thus maximum protection is afforded.

Do I need to display smoking control signs?

The Smoke Free legislation states that all enclosed or substantially enclosed public areas, vehicles (public transport and work related) as well as places of work are required to display the appropriate no-smoking signs.

What are the requirements for No Smoking signs?

Under the 2006 Health Act signs must:

  • Measure at least the same size as an A5 piece of paper (21cm x 14.8cm)
  • Sport the internationally recognised “no smoking” symbol. This symbol shows a lit/burning cigarette within a red circle of at least 70cm diameter and the usual bar through it to show that something is not allowed
  • Read "No smoking. It is against the law to smoke in these premises" in clear and easy to read text

 

Useful links for more information:

http://www.smokefreeengland.co.uk/
http://www.legislation.gov.uk/ukpga/2006/28/pdfs/ukpga_20060028_en.pdf
http://ash.org.uk/files/documents/ASH_119.pdf
https://www.gov.uk/smoking-at-work-the-law

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