Some businesses may consider providing smoking shelters for their staff and customers to use. These structures need to comply, not only with the Smoking (Northern Ireland) Order 2006, but also with Planning Service, noise, Licensing and Building Control legislation.
What should I do if I am considering providing a smoking shelter?
- Planning Permission – Contact the Planning Service for advice and necessary forms to apply for Planning Permission as in most cases any permanent structure that is built for smoking will need Planning Permission.
- Building Control Approval – Check to see if the shelter will need approval under the Building Regulations. In most cases, provided the shelter is detached and of a modest size, no Building Regulation approval will be needed.
- Make sure it is legal – To avoid a costly mistake, carefully check that the design of the smoking shelter will comply with the requirements of the Smoking (Northern Ireland) Order 2006. To comply with these Regulations the smoking shelter must not be wholly enclosed or substantially enclosed. In practice, this means the smoking shelter must not have sides, including doors, windows or other fittings that can be opened or shut, that enclose more than 50% of the shelter.
The Planning Service, Building Control Office and Environmental Health Department can all be contacted at 0300 303 1777.