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Building A Smoking Shelter
The Health Act 2006 which introduced several changes including the banning of smoking in all substantially enclosed public places and workplaces from the 1st July 2007. If you wish your employees or members of the public to smoke on your premises, this can only be undertaken in an open area away from buildings or in a suitably designed smoking shelter outside.
To comply with the smoke free legislation, this shelter must be substantially open in order to allow smoke to disperse. In practice the wall area must not exceed 50% of the outside of the shelter. It is strongly recommended that further guidance be sought before proceeding.
Some points to consider are;
- Smoke
Shelters must be located in such a way so that smoke from smokers does not enter smoke free premises. Shelters should not be located near to air conditioning, or air intakes, to avoid this. - Planning Permission
Certain smoking shelters will need planning permission. Please contact North Hertfordshire District Council’s Planning Control Department for advice on how to apply. - Building Regulation
Some designs of smoking shelter will need Building Regulation approval. Please contact the Council’s Building Control Department for further advice. - Licensing
If you wish to build a smoking shelter on licensed premises, you may need to apply for a variation to your current Premises License to include the shelter. For more information please contact the Licensing Authority.
In addition to obtaining any necessary permission and/or license, it is appropriate to consider the possible consequences of erecting a smoking shelter on your property.
- Litter
Smoking shelters should be provided with a waste bin for cigarette butts and associated litter; accordingly this bin should be made of fire resistant material to reduce the risk of fire. Littering on public land is an offence, offenders can be issued with a fixed penalty notice. - Noise
Shelters should not be sited in a manner that could give rise to noise problems from persons using the shelter. Causing a noise nuisance could result in enforcement action being taken against the owner of the premises. For more information please contact the Environmental Protection Team. - Fire Officer
Shelters must not obstruct emergency exits from buildings, or interfere with access for emergency vehicles. Please contact Hertfordshire Fire and Rescue if you have any concerns.
If your business is a Hotel, Hostel, Residential Care Home, Hospice, long stay mental health unit, you are able to designate a smoking room. Please contact Environmental Health for the specific requirements.
Contact Details
The Commercial Team can be contacted via the Customer Service Centre on 01462 474000, at env.health@north-herts.gov.uk or at;
Commercial Team
North Hertfordshire District Council
Council Offices
Gernon Road
Letchworth Garden City
Herts
SG6 3JF
