Smoking (Northern Ireland) Order 2006
Designing or Advising on the Construction of Smoking Shelters
Smoking is prohibited in most enclosed and substantially enclosed public places and workplaces since 30th April 2007.
There is no requirement in the legislation to provide smoking areas. However, if you intend to, then that area has to comply with the enclosed and substantially enclosed guidance. 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 smoke free legislation. For example: health and safety, litter (cigarette ends) and, in particular, with the licensed trade, issues such as noise and anti-social behaviour.
What does enclosed and substantially enclosed mean?
Premises are 'enclosed' if they have a ceiling or roof and except for doors, windows and passageways they are - wholly enclosed, either permanently or temporarily. For example a room which has a ceiling or roof that 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'.
Premises are 'substantially enclosed' if they have a ceiling or roof but there is an opening or an aggregate area of openings in the walls which is less than half of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises. In determining the area of opening or an aggregate area of the openings, no account is taken of openings in which there are doors, windows or other fittings that can be opened or shut.
Note:
- The definition of 'roof' includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including for example a canvas awning.
- The definition of walls includes structures which serve the purpose of walls.
- As doors and windows in a structure can be closed they are not considered as openings.
Where can I get further advice?
If you would like further advice please contact contact a tobacco control officer or an environmental health officer dealing with smoke-free legislation in Newry and Mourne District Council on 028 30313100.
General advice on going smoke-free can be found at: www.spacetobreathe.org.uk