What is the law on smoking shelters?

There is no legal requirement to provide a smoking shelter. However, if you are thinking of erecting a smoking shelter, you will need to ensure that you have the correct planning permission. Please contact the Planning Department on 01242 264 328 or email planning@www.cheltenham.gov.uk

You will need to ensure that the shelter is not 'enclosed' or 'substantially enclosed'.

Under the Regulations, 'enclosed' is defined as having a ceiling or roof except for doors, windows and passageways, are wholly enclosed either temporarily or permanently.

'Substantially enclosed' is defined as having a roof or ceiling but has an opening in the walls or a number of openings in the walls which is less than half the area of the walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut - you may hear this being referred to as the 50 per cent rule.

These diagrams show the difference between an 'enclosed' shelter and a 'substantially enclosed' shelter:


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