The Department of Health have now published the regulations that define when premises are enclosed or substantially enclosed. As you will see, their definitions are not terribly easy to understand:

• Premises are enclosed if they (a) have a ceiling or roof; and (b) except for doors, windows and passageways are wholly enclosed either permanently or temporarily.
  
  
• Premises are substantially enclosed if they have a ceiling or roof but there is (a) an opening in the walls; or (b) 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 and perimeter of the premises.

In the regulations "roof" includes any fixed or moveable structure which is capable of covering all or part of the premises as a roof, including, for example, a canvass awning. Unhelpfully what constitutes "part of the premises" or "wall" is not defined.

If you would like to provide outdoor smoking areas for your staff and customers you should ensure that, if needed, you have planning permission, listed building consent and landlord’s consent. A variation of your licence may also be required.

Regulations relating to signage, exemptions (including bedrooms in clubs and hotels) and penalties are currently being considered by the Government and will be published early this year.

If you are unsure whether or not smoking may be permitted in a particular area or if you have any other query, please contact a member of the Licensing Department.

© Davenport Lyons 2007. All rights reserved.
This document reflects the law and practice as at January 2007. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.