Planning Permission

Does your chosen outside area fall within the existing planning permission for the use of your premises? If not, you may have to apply for change of use. In addition, the erection of any permanent structure in an outside area may require planning permission in any event, so contact your Council’s Planning Department for advice on 01793 466435. You should also make sure that there is no restriction on your planning permission in terms of the terminal hour of usage of any outside area.

Environmental Improvement Smoking Shelter Considerations

Shelter Location

Where possible-smoking shelters should be sited away from private housing where smoke and noise may become an environmental issue

To avoid problems with neighbours and licensing issues consideration should be given to the following:

• Smoking shelters should be placed away from housing and if possible with some form of insulation (wall, vegetation etc) between customers and residents to help mitigate the noise
• Display posters to keep noise to a minimum in external areas
• Speak to your customers and advise them that they need to keep noise to a minimum in external areas, and advise them of the reason why
• Ensure smoking shelters are secure to avoid misuse by customers after the premises is closed

Anti-social Behavior

Steps should be taken to ensure smoking shelters are monitored, covered by CCTV or secured in order to ensure youths do not congregate in these areas during or after operational hours.

Noise/Nuisance

Consideration should be given to the increased frequency that external doors are used for entrance and egress premises with regular entertainment, must be aware that there will be an increase of noise escaping and causing a noise nuisance to adjoining premises, to avoid this lobbies with automatic door-closers to the entrances and exits should be provided where none currently exists.

Where possible the distance between the inner and outer doors should be sufficient to ensure that one door set is normally closed as people pass through the lobby. It will be necessary to ensure that wheelchair access is not hindered.

All shelters should be faced inwards to reduce noise. However to meet the regulations any edges of the smoking shelter must be at least 1.5 metres away from any enclosed structure, such as walls or hedges.

Licensing Considerations

Smoking Shelters that are to be built on licensed premises for customers and staff should be aware of any restriction within their licence, particularly involving outside areas.

"Conditions and Licence Restrictions

Below are typical licence conditions that may be applied to licensed premises:

• Management should ensure that the external smoking areas are only utilised between 10:00 and 23:00
• Use of the beer garden or external drinking area shall not be permitted between the hours of 23:00 and 10:00"

This could include noise from an outside smoking shelter, smoking area or beer garden whether alcohol is being consumed or not. A review could lead to stricter conditions, reduction in operating hours or ultimately a revocation of the license.

Premises Supervisor

• It is the responsibility of staff at the premises to ensure noise from all external areas is kept to a minimum. Display posters asking customers to keep noise to a minimum.
• Enforcement Agencies and residents to have a say in how licensed premises operate. Residents now have the ability to call for a 'Review' if they are affected by any of the Licensing Objectives:
  - Prevention of Public Nuisance
  - Prevention of Crime and Disorder
  - Protection of Children from Harm
  - Public Safety
• On or inside premises the Workplace (Health, Safety and Welfare) Regulations 1992 require that every workplace shall be kept sufficiently clean and ensure that waste materials are not allowed to accumulate
• Outside premises/Public Highway The Litter (Fixed Penalty Notices) Order 1991 makes it an offence to throw cigarette ends on the floor, which could result in a fixed penalty notice of £50 for the smoker. Signs should be displayed stating this and asking people to use the ashtrays provided. This will not only benefit the individuals who may be unaware of the offence, but there will also be less cigarette ends to clear up.