Employees and visitors can smoke outside. You will need to plan and direct people to where you wish them to smoke. 

You must make sure that smoke cannot enter your premises or cause a nuisance to other premises. 

You must consider how smokers are to dispose of the waste associated with smoking in a safe way.

You can provide a smoking shelter for your employees or visitors as long as it is not enclosed or substantially enclosed. 

For further guidance, see the guidance on smokefree smoking shelters and shisha 

Please contact us to discuss your plans before building a smoking shelter to ensure that the structure is compliant with the law.

You should also contact Derby City Council Planning as planning permission and sometimes approval under Building Regulations is required.

A smoking shelter cannot be enclosed or substantially enclosed. 

A structure will be classed as enclosed where there is a roof or ceiling and all the walls are closed.

A structure will be classed as substantially enclosed if there is a roof or ceiling and more than half of the walls are closed.

Enclosed and substantially enclosed buildings will be more that 50% enclosed. This is known as the 50% rule. 

A smoking shelter must be less than 50% enclosed.

This calculation applies to all permanent structures as well as temporary structures such as marquees. Any part of the structure which can be opened and closed such as windows, doors or retractable roofs must be classed as being closed when calculating if more than half of the sides are open.


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