Premises that are open to the public will be required to be smokefree at all times in all enclosed and substantially enclosed parts. Premises are open to the public if the public, or a section of the public, has access, It does not matter whether access is open to everyone, or if access is restricted to certain members of the public by way of invitation or payment - premises will still be required to always be smokefree.

Definitions

"Enclosed premises"
• Has a ceiling or roof, and except for doors, windows and passageways, is totally enclosed either permanently or temporarily.


"Substantially enclosed premises"
• Premises are substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises. This is known as the 50% rule. This includes other structures that serve the purpose of walls and constitute the perimeter of the premises.
• When determining the area of an opening no account can be taken of openings in which doors, windows or other fittings can be opened or shut.
• Roof includes any moveable structure or device, which is capable of covering all or part of premises as a roof. This would include retractable canvas awnings
• Has a ceiling or roof but there is, an opening or openings that account for less than half the area of the walls, no account is to be taken of openings such as doors, windows or other openings that can be opened or closed.