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Smoking Shelter Regulations UK | Tamstar

Choose the right smoking shelter solution that will conform with current regulations. Read on to learn more.

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Smoking Shelter Regulations UK | Tamstar

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  1. With rightful focus on non-smokers health and well-being, the government implemented the smoking ban to make all public spaces smoke free zones. This also applied to places of work that were either fully or partially enclosed regardless of what time of day the workplace is open. • Although not essential, for most businesses there became a necessity to provide both employees and visitors who smoked a safe designated area in the form of a smoking shelter structure of some type. In some cases, organisations opted to implement a total ban of smoking on site for both employees and visitors.

  2. THE IMPORTANCE OF HAVING A SMOKING OR VAPING SHELTER There is no legal obligation to provide a designated smoking area, although having one will no doubt have its benefits. The following factors may give you a valid reason for installing one: • There is peace and mind in knowing where on site your smoking employees or visitors are likely to be without causing discomfort to non-smokers who may be exposed to second hand smoke. This in turn should reduce complaints. • Cigarette litter or cigarette butt ends are contained in one area and the litter can further be reduced by installing a suitable cigarette bin or ashtray. • Main areas on site in particular entrances are not crowded with smokers further reducing noise and fumes which may be unpleasant especially to visitors.

  3. DESIGN STRUCTURE OF A SMOKERS OR VAPERS SHELTER • Structures can vary in design with the main emphasis being focused on some sort of roof that will keep you protected from the elements in particular rain. • In most cases smoking area outbuildings are commonly made up of a steel frame and have back and side screens in the form of clear plastic sheets which can provide adequate protection, considering the extensive amount of rainfall and high winds common in most parts of Britain. • The shelters can be either free standing and bolted to the ground or be in the form of a canopy that is fixed to the wall. An important factor to consider is that the structure cannot be substantially enclosed and needs to have at least 50% open area to be compliant.

  4. Scope of the Smokefree area Regulations 2006 • Nearly all public places that are enclosed or substantially enclosed must be smoke free. • Premises will be “enclosed” if they have a ceiling or roof, and except for doors, windows or passageways are wholly enclosed, whether on a permanent or temporary basis. • Or Premises will be substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total wall area, including other structures that serve the purpose of walls and constitute the perimeter of the premises. • When working out the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be opened or shut. This is known as the 50% rule.

  5. Put simply, • If an area has no roof, smoking will be permitted within it and no further calculations will be needed; provided that adjoining walls, structures etc. do not restrict air movement. • If 50% of the walls or more are missing, then it is legal to smoke in the area • If more than 50% of the walls are present, then it is illegal to smoke in the area. It should be noted that any shelter which is ‘substantially enclosed’ will be required to be smokefree in accordance with the Health Act 2006 and the Smoke-free (Premises and Enforcement) Regulations 2006.

  6. WILL I NEED PLANNING PERMISSION FOR A SMOKING SHELTER • In most cases planning permission is also required prior to the installation of a sheltered area, whether the structure is free standing or connected to part of an existing building. If unsure about planning, you can seek advice from the planning team at your local authority or council. • There are no legal requirements on how far a smoking shelter should be from any other structure. However, as a recommendation we advise it be at least 2 metres away from other structures. There may be ventilation issues if it’s too close to a building, or you may receive complaints if it is too close to any entranceways or windows which could take in second hand smoke or fumes from a vape device.

  7. OUR INVOLVEMENT AND SMOKING SHELTER PRODUCT & SERVICES • Ever since the UK smoking ban regulations came into effect in July of 2007, we have worked with our chain of experienced steel fabricators on various design adaptations in order to come up with the best solutions of smoking shelters. • Here at Tamstar we have a wealth of experience in advising both existing and new customers of the importance and possible reasons to choose the right smoking shelter solution that will conform with current regulations as well as prioritising their needs on the type of option that would be best suited both on quality and budget. • For further details on our products please either view our website product pages or contact one of our experienced sales team who would be more than happy to help with your enquiry.

  8. Thanks! Any Question? Europa House, Barcroft Street, Bury, Lancashire BL9 5BT 0161 447 8929 / 07792 464186 enquiries@tamstar.co.uk

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