| In making your preparations for the introduction | | | | the size of the smoking shelter |
| of the Smokefree provisions on 1 July 2007 in the | | | | - You can't provide temporary covers for any of |
| UK, it is advised that you are particularly careful | | | | the open parts-this stops them being counted as |
| with any plans for outdoor smoking shelters that | | | | permanently open |
| could lead to significant wasted expenditure if it | | | | - Customers outside your premises may cause |
| goes wrong. This guide aims to help you make | | | | noise or other nuisance problems for neighbours, |
| the right choices, although it should not be relied | | | | and this may trigger a review of your certificate |
| upon as a definitive interpretation of the law of | | | | licence |
| the UK Smoking Ban | | | | - You will need to provide some form of bin for |
| What counts as a smoking shelter? | | | | your customers litter There are alternatives for |
| There is no legal definition, and you don't have to | | | | smoking shelters such as : |
| provide one. It will be illegal to smoke or allow | | | | - Awnings |
| smoking in enclosed or substantially enclosed | | | | - Umbrellas and Parasols |
| premises, therefore a smoking shelter has to be | | | | - Golf umbrellas for customers to borrow |
| less than substantially closed. This means that | | | | - One Scottish pub has recently been loaning |
| 50% of it's sides must be permanently open. | | | | waterproof coats to customers, with "stolen from |
| The location is also important, because building a | | | | Buddies Bar" printed on the back Another |
| structure like this with an open side too close to a | | | | common mistake made by some in Scotland and |
| wall or other obstruction could mean that it no | | | | Ireland has been to cover an existing yard with |
| longer complies. (the law refers to premises | | | | an awning. Because the yard has 4 walls and the |
| rather than structures, and an adjacent wall could | | | | awning provides a roof covering,even temporarily, |
| be deemed to be part of the premises of your | | | | the yard falls into the category of substantially |
| shelter. | | | | enclosed premises even when the awning is |
| Some other problems to avoid | | | | withdrawn. |
| - You may need planning permission, depending on | | | | |