Which Places Must Be Smokefree?

The new smokefree law applies to virtually all ‘enclosed’ and ‘substantially enclosed’ public places and workplaces. This includes both permanent structures and temporary ones such as tents and marquees. This also means that indoor smoking rooms in public places and workplaces are no longer allowed.

Premises are considered ‘enclosed’ if they have a ceiling or roof and (except for doors, windows or passageways) are wholly enclosed either on a permanent or temporary basis. Premises are considered ‘substantially enclosed’ if they have a ceiling or roof, but have an opening in the walls, which is less than half the total area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut.

If you require further guidance on whether premises are ‘enclosed’ or ‘substantially enclosed’ please contact Swindon Borough Council on 01793 466067 or e-mail smokefree@swindon.gov.uk.

The diagram below shows examples of the enclosed and non-enclosed shelters.

Smoking Shelters

There is no requirement for managers to provide smoking shelters. If you do decide to build a shelter we suggest you discuss any plans you may have with Swindon Borough Council’s Planning Department, as there may be a range of issues you need to consider, including planning permission, licensing, building control, noise and litter.

Working From Home

In general, the law does not cover private dwellings. However, any part of a private dwelling used solely for work purposes will be required to be smokefree if:

• It is used by more than one person who does not live at the dwelling;
• Members of the public attend to deliver or to receive goods and services.

Any enclosed or substantially enclosed part of a premises that is shared with other premises will also be required to be smokefree if it is open to the public or used as a place of work. This may include a communal stairwell or lift in a block of flats, for example.

Smokefree Vehicles

The new law requires public transport to be smokefree. Work vehicles are required to be smokefree if they are used in the course of paid or voluntary work by more than one person – regardless of whether they are in the vehicle at the same time.

When carrying persons, smokefree vehicles with a roof that can be stowed or removed are not required to be smokefree when the roof is completely stowed or removed.

Vehicles that are used primarily for private purposes are not required to be smokefree.