Smoke-free South Norfolk: smoking shelters
Summary
If you own licensed premises, you don't have to provide a smoking shelter for smokers or for staff that smoke, but you may want to. Here's some guidance on what to consider if you're thinking about having a shelter.
This information can also be downloaded as a factsheet by following the link below.
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Further information
I want to provide a permanent smoking shelter for my staff and customers - what should I do?
1. Planning permission
Contact our Planning Services for their advice and the necessary forms to apply for planning approval, because in most cases any permanent structure that is built for smoking will need planning permission.
Our Planning & building web pages have guidance on the planning permission process, the necessary application forms, and contact details.
2. Building Regulations
Check to see if the shelter will need Building Regulation approval. In most cases, provided the shelter is detached and of a modest size, no Building Regulation permission will be needed.
But if the floor area of the shelter is greater than 15 square metres, there may be restrictions if the shelter is within one metre of a boundary. Any shelter over 30m² will need Building Regulation approval. Also contact Building Control if your intended shelter is to be attached to another building. See our page on Building Regulations for contact details.
3. Make sure it's legal!
To avoid a costly mistake, carefully check that the design of your smoking shelter will comply with the requirements of the Smoke-free (Premises and Enforcement) Regulations 2006.
To comply with these Regulations the smoking shelter must not be wholly enclosed, or substantially enclosed. In practice this means your smoking shelter must not have sides that enclose more than 50% of the shelter.
An example of a smoking shelter that could comply with the Regulations 50% rule is shown in the drawings below:
NOTE – these drawings are for guidance only - always get independent professional advice.
4. Location, location
Carefully consider where you're going to put your shelter. Things you'll need to consider:
- Could noise from people using the smoking shelter cause problems to people in neighbouring properties?
- Could there be light pollution to people in neighbouring properties if the shelter has lights for night time use?
- If the shelter is built with one of the open sides against a wall or a solid fence, it may not comply with the 50% rule.
- Is the proposed location of the shelter safe for users? This could be a problem if the shelter has to bebuilt in a car park.
- Could the location cause problems with smoke entering nearby buildings through windows or vents?
Is planning approval required to use a parasol, jumbrella or a gazebo as a smoking shelter?
Parasols, jumbrellas and gazebos may not need planning approval if it can be shown that putting them up doesn't involve any building operations (and therefore not development).
If you're considering using a parasol, jumbrella or gazebo as a smoking shelter, you should consider the points mentioned in the list above, and also the following additional ones:
- Is the material used fire retardant? This will be particularly important if patio heaters are provided for the comfort of smokers.
- Is it strong enough so it won't collapse on top of people who may be using it in windy weather?
- Is it secured so that it will not blow away?
- If you're going to use a gazebo, does it have fold down sides? If it does, it may not comply with the 50% rule.
Can my customers drink in the smoking shelter?
Only if the existing premises/club licence permits drinking outside the licensed premises - for example in a pub garden. Licensees that want to include a smoking shelter in their premises/club licence may apply to us for a variation to their existing licence.
Where can I get advice?
For guidance on making a planning application contact Planning Services:
Tel: 01508 533779
email: planning@s-norfolk.gov.uk
Web: www.south-norfolk.gov.uk/planning.
For guidance on Building Regulations contact CNC Building Control Consultancy
Tel: 01603 430100
email: enquiries@cncbuildingcontrol.gov.uk
Web: www.cncbuildingcontrol.gov.uk.
For guidance on the 50% rule contact Environmental Services:
Tel: 01508 533714
email: envserv@s-norfolk.gov.uk.
For guidance on premises/club licensing contact the Licensing Team:
Tel: 01508 533704/533629/533621
email: licensingteam@s-norfolk.gov.uk.
External links
Smokefree England
Information about the new legislation, and details of how you and your business can play an important part in creating a smoke-free country. Includes a Frequently Asked Questions section.
Contact us
| contact officer/team: | Food Control Team |
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| web: | online enquiry form |
| email: | envserv@s-norfolk.gov.uk |
| telephone: | 01508 533714 |
| minicom/textphone: | 01508 533622 |
| address: | South Norfolk Council South Norfolk House Swan Lane Long Stratton Norwich NR15 2XE |
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