As the smoke starts clearing
Further rules on smoke-free premises and vehicles were published by the Department of Health last month. Although they do not give additional help on the question of smoking shelters, they do clarify the areas of premises where smoking would be allowed, and also where no-smoking notices should be placed.
First of all, smoking is allowed in the private accommodation of the pub except in areas that may be used in common with pub staff, such as corridors. But where part of the private areas are being used for work by a person who does not live there (for example, a food preparation area) then that must be smoke-free.
Secondly, smoking will be permitted in residential accommodation for temporary or holiday use, such as pubs with a guest annexe or holiday flats. This will continue even if someone is paid to service the units.
In fact, one of the first matters to put in hand before 1 July is to designate the smoking areas for guests and visitors. For example, a designated bedroom in a hotel, guest house, inn, hostel or members' club is not smoke-free, as long as it has been "designated in writing" by the person in charge of the business, it is completed enclosed, there is an automatic door closer and the bedroom is clearly marked as one in which smoking is permitted. But dormitories in which more than one person can make arrangements to share must be smoke-free.
The regulations on signs were laid before Parliament at the end of last month. There were no real surprises, just confirmation of the wording and size (A5) and of the fact that a simpler no-smoking symbol must also be placed at the staff entrance to the pub and at any entrance from other smoke-free premises. Remember that these need to be maintained, so that the checking of no-smoking notices, and their condition, should be made a routine part of requirements for managers, because of the penalties for failure to maintain them.
As far as I am aware, permitting smoking or not having the correct notices do not constitute "relevant offences" under the Licensing Act, which could have an impact on your personal licence. Also, public health is not one of the licensing objectives. But as everyone keeps saying, it is best to be ready for the ban.
