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Am I obliged to provide external smoking shelters for any of my staff or customers who smoke?

No. You may wish, however, to review your smoking policy, and discuss with your staff how best to meet their needs within the new legislation. If your staff want help to stop smoking, advice on where to go for support is available in the Quit Smoking Support Section of this website.

Won’t the 50% rule on defining 'substantially enclosed' lead to confusion?

All enclosed and substantially enclosed premises in workplaces and public places, whether temporary or permanent, will be required to be smoke free.

For premises to be exempt from this rule (i.e. not enclosed or substantially enclosed); at least half the wall space of the structure will have to be uncovered, or open. Also, it cannot be adjacent to any other structure (fence, shrub, building) which could potentially constitute part of the structure.

If there is any confusion over this matter, then you should contact the Environmental Health and Consumer Protection Division for advice on 0151 443 4723.

Will I need planning permission if I want to erect a smoking shelter?

It is always best to check with the planning services team (0151 443 2308) before you make any alterations to your premises or plan to erect a structure for the purposes of smoking. Knowsley Council has produced some guidance for people who are thinking about making a planning application. You can download this below.

Open PDF Document (Opens in new window)

I don’t like breathing smoke outdoors either – why does this legislation apply to indoors only?

The Health Bill will require enclosed or substantially enclosed public places and workplaces to be smoke-free. The Health Bill includes powers for other places to be required to be smoke-free, but the Government has no plans to make anywhere outdoors smoke-free at the present time.

The regulations make provision for the Government to extend smoke-free legislation to bus shelters etc. Is this a step towards banning smoking altogether?

The Government believes that people should have the choice to smoke, but believes it is also right that people are both made aware of the major health risks of smoking and also provided with support to quit.

Importantly, the Government believe that at the same time, it is right that others should be protected from exposure to hazardous secondhand tobacco smoke. This is what the Government are achieving through this legislation, where smoking will be eliminated in virtually every enclosed public place and workplace in this country.

Although smoke-free legislation does include provision to make non-enclosed places smoke-free, the Government has no intention to use those powers at present. That means that smoking will still be permitted outside of buildings and in other non-enclosed places.

Does the ban extend to outdoors? I have heard that playgrounds and parks may be affected.

Smoking will be prohibited by law only in wholly or substantially enclosed public places. Open air playgrounds and parks will therefore not be affected.

Employers, including local authorities and the NHS can, however, determine whether their smoke-free policies extend to external areas, but they will not be subject to the law. We know, for example, that secondhand smoke is particularly harmful to the health of children and young people, so local authorities may wish to consider efforts which not only protect the health of children, but help to denormalise smoking and stop young people from taking up smoking in the first place.

Am I required to provide stubbing out bins outside my premises?

No.

What about my existing smoking shelter? It's more than substantially enclosed.

This must comply with the law when it comes into effect. Please refer to the final guidance section (see links on the right)for further information or call Environmental Health and Consumer Protection on 0151 443 4723.

Does this legislation cover sports stadiums? I don’t want to sit (in a covered stand) next to a smoker when I have paid £800 for a season ticket!

Clause 4 in the Health Act will allow regulations to be implemented that designate additional smoke-free places where people are at risk of being exposed to significant quantities of secondhand smoke. This includes sports stadia, bus stations, train platforms or other non-enclosed places.

Some Sports Clubs have already made the decision to go smoke-free. Most recently Everton Football Club made an announcement to go smoke-free from the 1st January 2007.

Due to the variation in the design of stadia in relation to the seating or standing area of the ground, some may be substantially enclosed while some are entirely uncovered. We would suggest that stadium owners take their own legal advice on whether their stadium is caught by the legislation as well as talking to the enforcement officers from their local authority. All wholly or substantially enclosed areas within the stadium will require to be smoke-free, e.g. toilet areas, offices, turnstile booths.

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