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Premises that are places of work for more than one person will be required to be smokefree at all times in all enclosed and substantially enclosed parts, even if people work there at different times of the day, or only intermittently. A place of work used only by one person will also be required to be smokefree at all times if members of the public enter the premises, for example to receive goods or services.
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.
Businesses that intend to install a smoking shelter or structure should ensure that it complies with the legislation. If in any doubt they should take legal advice or contact an Officer of St Albans City and District Council's Environmental Health or Planning departments
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