East Devon District Council

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Guide Smoke Free information

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1. The legislation

The law affects most public places, including offices, factories, shops, pubs, bars, restaurants private clubs, public transport and work vehicles that are used by more than one person. The law means that anyone wishing to smoke will have to go outside.

All enclosed workplaces and public places are smoke free, with some residential exemptions.

The following must be smoke free:

  • Every workplace, where more than one person works, or where members of the public may go to seek or receive services or goods. This applies to premises or areas of premises that are enclosed or substantially enclosed
  • Public transport and work vehicles
  • Premises open to the public (whether by invitation or not, and whether on payment or not)

The following places can be designated as smoking places:

  • Private residential spaces within adult hospices, prisons and long-stay adult residential care facilities
  • Other enclosed spaces that act effectively as a person’s dwelling (for example, designated bedrooms in hotels, hostels and halls of residence)

People are able to smoke outside premises, and businesses may provide a place for people to smoke by having a smoking shelter. This must be at least 50 per cent open sided. So it may be a one-sided shelter with a roof, or have panels which only cover the middle section of each side, or even be a large gazebo-like umbrella. A built shelter needs planning permission, and for any structure on a listed building you should get advice from the planning department on whether it needs permission.