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 Smoking Shelter Guidance
What do you mean by a smoking structure?
A smoking structure is any 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.
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Am I obliged to provide external smoking shelters for any of my staff or customers who smoke?
No. We would however recommend that you consider where your staff and customers are likely to smoke. This is because of secondary issues arising from the introduction of the smoking ban. For example: health and safety, litter (cigarette ends) and, in particular, with the licensed trade, issues such as noise and anti-social behaviour.
If your staff want help to stop smoking, they can phone the Smokers Helpline Wales (0800 169 0169) or contact the All Wales Smoking Cessation Service (0800 085 2219).
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Do I have to provide external smoking shelters where my staff and customers can smoke? How should I go about this?
You will need to ensure that what you are proposing complies with the law, i.e. is not enclosed or substantially enclosed. The proposed definition is set out in the draft regulations (external link to PDF document). You are advised to seek legal and local planning advice on the issue, in case what you have in mind requires planning or building consent.
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Can you give an example of 'enclosed'?
A room which has a ceiling or roof which extends over every wall and there are no openings i.e. empty spaces or gaps in those walls except for a door. The room will be "enclosed".
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Can you give an example of 'substantially enclosed'?
If the room has an opening i.e. empty space or gaps such as missing walls (but not doors or windows) which are open to the outside air of less than half the area of its perimeter it is substantially enclosed.
Basically to comply with not being substantially enclosed and to allow smoking, at least 50% of the perimeter under a roof or ceiling must be space. If the structure was the four walls of a box it could only have solid material to almost the equivalent of a back and one side.
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Why are doors, windows and passageways not openings?
Doors, windows and passageways have been excluded by legislation when determining whether a premises or part of premises is wholly or substantially enclosed. The purpose of the legislation is to ensure that anywhere where smoking takes place that there is natural and effective ventilation. The ideal openings to ensure this are permanent spaces open to the outside air. Doors, windows and other fittings are capable of being closed. Passageways tend to be wholly or substantially enclosed therefore will not assist in the ventilation of smoking areas. If considering doors and windows etc. in deciding whether a premise is substantially enclosed they can be taken as serving the purpose of walls.
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How do I calculate whether my smoking structure is substantially enclosed?
The perimeter of the smoking structure has to be set first. This would normally be the area under the roof. Once the perimeter has been decided, ignore the roof which is not part of the calculation. What is the total vertical area enclosed by the perimeter, solids and spaces (T)?
Remember any doors, windows or other fittings are considered as serving the purpose of walls. What is the area of the walls (X)? What is the area of the openings Y?
So T = X + Y
If X is less than Y, the smoking structure is not substantially enclosed.
If X equals Y, the smoking structure is not substantially enclosed.
If X is greater than Y, the smoking structure is substantially enclosed.
The only time that a smoking structure does not comply is when X (total area of walls) is greater than Y (total area of openings).
 Worked Example Of Shelter Compliance
Worked Example of Shelter Compliance - PDF format - 106Kb 
Worked Example of Shelter Compliance - Word format - 1.2Mb 
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How far can any other structure be from the smoking shelter?
The legislation does not specify a distance that smoking structures should be from other structures. It must be noted however that if the shelter is close to another structure (i.e. hedging, walls) the effectiveness of natural ventilation could be reduced and therefore businesses should be mindful of this when locating their shelters.
It is recommended that shelters are at least 1.5 metres away from other structures (unless that structure forms part of the perimeter of the shelter). This is only a recommendation and each situation will be determined on its own merits. For further advice on this matter you are advised to contact the Health and Safety Department directly.
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Smoking Shelter Guidance
This leaflet gives advice to business on smoking shelters and aims to clarify the requirements of the new legislation due to be introduced on 2nd April 2007.
Smoking Shelter Leaflet - PDF version 1.8Mb
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