Part 2: Enclosed and substantially enclosed premises

The new smokefree laws apply 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.

There is no requirement for outdoor smoking shelters to be provided for employees or members of the public, but if a shelter is provided it must comply with the requirements outlined above.

The Department for Health recommends that anyone building a smoking shelter discuss their plans with the local council, as there may be a range of issues to consider including planning permission, licensing, building control, noise and litter.

Norwich Union has also raised concerns over fire safety - not only from surreptitious smoking inside buildings, but also as a result of smoking shelters being built using combustible materials.

The careful management of cigarette waste is an important issue - whether through the provision of sand buckets for proper disposal, or carrying out checks to ensure that smoking materials have been properly extinguished.