The smoking ban is effective from:
What are you allowed to do
The rules are almost identical in all of the countries, although how they are interpreted and enforced is likely to vary from one Local Authority to another.
The basic rules for an area in which people can smoke are that:
1) Any kind of roof or cover, including awnings and in some areas possibly umbrellas, counts as a roof whether or not the awning or cover is actually in use.
2) Taking the area under the roof - walls, windows and doors must take up less than half of the perimeter. Again things that could be used as walls or covers count, whether or not they are in use.
3) If an area has more than 50% of the perimeter made up of walls, windows, doors etc you cannot, in principle, allow smoking in it if there is any form of 'roof'.
In Scotland, some more creative licensees have positioned their shelter about one or two metres away from the side of a building. This provides much of the protection from the elements without 'counting' as part of the 50% rule with many Local Authorities. Check with your Local Authority before you decide to do this.
Five sets of smokefree regulations set out the detail of the smokefree legislation. Links to the final regulations documents are provided below.
The Government has produced an official guide to the smokefree law. In April, employing businesses that are actively trading and registered with Companies House will be sent a full guidance pack by post. This pack will also contain examples of compliant signage for smokefree premises and vehicles, a sample smokefree policy and suggested steps to take if someone smokes in a smokefree place.
Links to regulations on the Office of Public Sector Information website:
1. The Smoke-free (Premises and Enforcement) Regulations set out definitions of "enclosed" and "substantially enclosed" and the bodies responsible for enforcing smokefree legislation.
2. The Smokefree (Exemptions and Vehicles) Regulations set out the exemptions to smokefree legislation and vehicles required to be smokefree.
3. The Smokefree (Penalties and Discounted Amounts) Regulations set out the levels of penalties for offences under smokefree legislation.
4. The Smokefree (Vehicle Operators and Penalty Notices) Regulations set out the responsibility on vehicle operators to prevent smoking in smokefree vehicles and the form for fixed penalty notices.
5. The Smokefree (Signs) Regulations set out the requirements for no-smoking signs required under smokefree legislation.