The Ultimate Guide To Smoking Shelters: Frequently Asked Questions About Smoking Shelters

1. Introduction and Laws

Introduction

In the UK, according to the latest statistics from the ONS, 13.3% of adults over 18 smoke cigarettes. The figure has been slowly decreasing over the years, but nevertheless, this still equates to around 6.6 million people in the country. Some of your employees, clients and visitors will most definitely be smokers. As an employer or a property manager, you may be wondering about the regulations around smoking in the workplace and, therefore, the regulations on smoking shelters. We have written this guide on the most frequently asked questions about smoking shelters to help you navigate the issue better.

Please remember the below constitutes general information, and you should always consult a legal professional for specific advice in your case regarding any regulations.

What Are the Laws on Smoking in the Workplace in the UK?

The government implemented new legislation in 2007 to regulate smoking. The Ban on Smoking in Public Places followed similar bans in Scotland and Wales, and it effectively ended all smoking in enclosed workplaces and public areas, with very few exceptions. The overarching point of this legislation was to discourage smoking in the general population and safeguard non-smokers from unwanted second-hand smoke, which they were exposed to in workplaces and public premises such as bars and restaurants.

As it pertains to employers, the law obliges them to display ‘no smoking’ signs and ensure people are not smoking on enclosed premises and most company vehicles. Simply put, this means smokers now need to go outside to smoke. Anything else could see you end up with fines up to £2500.

Are smoking shelters required by law?

The law doesn’t specify anything about providing a specific place for smokers to use. So, the short answer is – no. There is no legal requirement for you to install a smoking shelter. The regulations reflect the minimum requirements to comply with, but employers and premises owners can go further. They can choose to provide designated smoking space. It is good to know that they are also allowed to impose a smoking ban in all areas under their control, this includes outside premises and car parks.

2. Shelter Features and Regulations

What Is a Smoking Shelter?

A smoking shelter would be considered any outdoor structure or a roof-covered area designated for smoking. There is a multitude of options when it comes to what you can have. We have worked on projects where we have installed small smoking canopies which get fixed to an external wall and provide some coverage for smokers.

We have also worked on larger free-standing structures like our Bolton Smoking Shelter, with features like benches for up to 20 people and ashtrays to keep everything clean and tidy.

What Are the Rules and Regulations for Smoking Shelters?

The smoking legislation does not talk specifically about smoking shelters – there is no description that needs to be matched or a set list of requirements to follow. However, the law is very clear: in any place where smoking occurs, the space must not be fully or substantially enclosed.

In practice, this means that for any smoking shelter to comply with the law, it must have permanent openings to the outside. There is a 50% rule that needs to be followed, which translates into at least 50% of the sheltered space under the roof needs to be open. It is crucial to note that doors, windows, and any other fittings which can be opened and shut do not count towards the 50% opening, as they can be closed at will and thus reduce ventilation in the space.

Do I Need Planning Permission to Install a Smoking Shelter?

This depends on a few things. Installing a shelter before you check this with your local authority can be costly, so always do so beforehand. You may require Building Regulation approval, and in most instances, if the smoking shelter is a free-standing structure of any reasonable size, you probably will. 

There may be further legislation you need to comply with. Say, if your shelter uses an outside pavement area in front of your premises, you may require a street trading licence. To avoid any confusion, unnecessary fines and issues with your local authorities, it is always best to check their guidance on the matter. This is an information page on the topic from Merton, Trafford and another from Breckland. Your local council will likely have something similar, and you can use it as a starting point in your planning. If in doubt, you can always contact your council directly.

3. Benefits and Considerations

What Are the Benefits of Having a Smoking Shelter?

Having a smoking shelter installed at your premises may not be a legal requirement, but it definitely has its benefits.

The benefits for smokers, as some of your employees or clients are likely to be, are substantial. They will get a safe and sheltered space specifically designed for the purpose. Smokers will be protected from rain, wind, and UV rays. They will likely smoke in all weather, so this would be genuinely appreciated. A smoking shelter is also where they can take a break and a moment for themselves during a stressful workday.

The benefits for the business are also to be considered. If you leave smokers to choose where they smoke, they could decide to go anywhere. This could create issues with smoking legislation compliance, health and safety, and your neighbours. By providing a designated place for smoking, you also reduce all manner of risks that inevitably come with smoking – fire hazards, littering, and potential noise and bad odour complaints.

There are also obvious benefits for non-smokers. Smokers are encouraged to go to the smoking shelter and keep the rest of the place smoke-free whilst non-smokers can easily avoid the smoking area and not get exposed to second-hand smoke.

Overall, installing a smoking shelter would show your employees and visitors you are inclusive and care about their health and safety, and having a comfortable experience on your premises regardless of their lifestyle choices.

How Do I Choose the Right Smoking Shelter for My Business?

This is a more challenging question to answer as it depends on several factors individual to each client. First and foremost, you need to consider the number of smokers, the size and location, and your budget.

For example, if you run a pub or a bar, you need to run some numbers and assume how many people you expect to need a smoke every night you operate. You should consider extra things like social smokers or non-smokers accompanying friends. Ideally, you would accommodate everyone, but in reality, most places are constrained by space.

When we talk about space, consider the area size in terms of square meters and its proximity to other structures. If you are in a busy town area, you don’t want your smoking clients to be right under the windows of the neighbouring building as this may lead to noise or bad odour complaints.

Lastly, as we said, you need to think about your budget. We offer products that can be made to suit most needs. We have a small and large smoking canopy which are both excellent value for money and easy to install on an existing wall. We also have an extensive range of free-standing smoking shelters you can choose from, like the Mini BDS Smoking Shelter suitable for up to 6 people or larger 15+ people ones like our XL Venue Smoking Shelter.

Can Smoking Shelters Be Used for Vaping?

Vaping has become quite trendy, and naturally you may be wondering if there is anything specific you need to know about smoking shelters acting as vaping shelters. The short answer is yes, you can use smoking shelters as vaping shelters.

However, there is a small caveat here. As it currently stands, vaping is less regulated than smoking and isn’t covered by the Smoking Ban. If you dedicate a place to vaping, it doesn’t need to follow the same requirements. This means it can be more enclosed and sheltered and thus probably a little more comfortable than regular smoking shelters.

Some employers and premises owners have decided to split their vapers and smokers into two different shelters. This is often done out of consideration for people who vape, as often they use this as a step towards stopping smoking and may be trying to escape the contact with cigarettes. It is an extra expense, but it is also worth considering as it would again be something highly appreciated by your employees or customers.

4. Installation, Costs, and Customisation

What Is the Size of a Standard Smoking Shelter?

With years of practice and experience in our line of work, we have learnt that ‘standard’ is sometimes hard to define. Our clients often have different needs and requirements. This is why we offer a large range of smoking shelters, and many of our products can be further customised upon request or are designed to accommodate extensions when the need arises. For example, our Bolton Smoking Shelter standing at 4100mm length x 4100mm depth x 2100mm height is an example of one of our larger smoking shelters, but it is also a shelter that can easily be extended.

How Many People Can a Smoking Shelter Accommodate?

Similarly as with size, it really depends. We offer big and small shelters that can accommodate many smokers. You can opt for a large smoking shelter like the XL Venue Smoking Shelter for 15+ people or the Bolton Smoking Shelter for 20. Alternatively, you can choose the Mini BDS Smoking Shelter for 4-6 people.

How Much Does a Smoking Shelter Cost?

Once again, this depends on what option you settle on and how many additional features you’d like to provide to smokers. You can go as low as £695 for a simple wall-mounted canopy, or a value smoking shelter could cost you as low as £870. We have many options in the £1000 to £2000 range. Some of our products come with optional add-ons like seating, LED lights, bins, and ashtrays which can increase the final price of the shelter but are great features to have. An excellent example of a smoking shelter with a large variety of extra features is our Four-Sided Smoking Shelter.

How Do I Install a Smoking Shelter?

There are several things to talk about here: mounting – wall or floor surface type and assembly.

Smoking shelters can be wall-mounted or free-standing and installed into the ground. This would determine what type of fixing you would need. Smoking Shelters are also usually suitable for varied surfaces. Our smoking shelters can be installed on concrete, tarmac, paving slabs, or block surfaces. This makes them versatile and easy to install. Legs on some models can be flanged for bolting down to a suitable concrete base or with ragged ends for casting into the ground.

Some of our products are delivered flat-packed with assembly instructions. However, there are some shelters which require more specialist handling. For example, the Bolton Shelter is supplied in component form for easy installation on arrival, but cladding/roofing needs to be fixed on-site.

Whatever the case with your choice of smoking shelter, our team of experts with decades of experience offers full-service – we can manufacture, deliver, and install your smoking shelter, saving you the hassle of arranging it yourself.

How Do I Maintain My Smoking Shelter?

Installing a smoking shelter is an investment and buying from a quality provider like Shelter Store is worth it. Our shelters are made from first-rate materials tested and proven to work excellently in harsh outdoor settings. This means you will need to do very little in terms of the actual maintenance of your smoking shelter. We use vandal-proof materials and corrosion-resistant steel and recommend installing bins and ashtrays. Combining these two things will make your shelter sturdy, tidy, and easy to clean in the long term.

5. Customisation and Other Considerations

Can a Smoking Shelter Be Customised?

We can often accommodate varied client requests for modifications and customisations, as we realise that standard shelters are not always suitable. The best thing to do is to contact us and speak to someone from our team of advisors. Give us your specifications and requirements, and we will see what we can do.

What Materials Are Used to Build Smoking Shelters?

We build our smoking shelters from high-quality materials we have tested over the years and know last. Many of our products are made from steel, which can also be galvanised for extra durability and corrosion resistance. For maximum safety, some of our models, like the XL Venue Smoking Shelter , have roofs and cladding made from 3mm fire and impact-resilient translucent polycarbonate with UV protection, or our Ruby Smoking Shelter is made with 6mm toughened safety glass.

Are Smoking Shelters Weatherproof?

Yes, any good smoking shelter should be made of high-quality durable and weatherproof materials that can last a long time in outdoor conditions. As mentioned above, we often use steel and galvanised steel, which is famous for its corrosion resistance and strength, making it a great material for outdoor structures.

Are There Any Other Regulations I Should Keep in Mind?

Yes, for example, it is worth noting the Licensing Act 2003. It brought new powers for Enforcement Bodies, and the important thing here is that residents have a say in how licensed premises operate. Residents can call for a “Review” of your licensing conditions based on several objectives: Prevention of Public Nuisance, Prevention of Crime and Disorder, Prevention of Children from Harm, and Public Safety. In other words, noise from your shelter, second-hand smoke coming in through their windows, or a littered area may cause serious issues. This means you must ensure your smoking area is not causing any such problems.

There are equal access considerations you need to think about too – your smoking shelter must be accessible to everyone. For example, if you have steps, this would not be suitable for wheelchair users.

Furthermore, as mentioned above, many local councils have detailed guidance on smoking shelters. Some councils include further requirements, like metal ashtrays (Wigan and Trafford) and recommendations for fire extinguishers.

These are some examples and aren’t an exhaustive list of all regulations you may need to comply with. It is always best to consult your local authority for specifics; they are usually more than happy to speak to people needing advice.

We have extensive experience in providing smoking shelters and are here to advise any client on what is best for their space, budget and aims. We would love to hear from you – whether it is feedback on this guide, advice on smoking shelters or placing an order. Don't hesitate to get in contact with us.