Introduction

Smoke free legislation in the Health Act 2006 comes into force England at 6am on Sunday 1 July 2007.
Its aim is  to create smoke-free places and to protect workers and public from harmful effects of passive or secondary smoke. It introduces a statutory smoking ban in "enclosed" and "substantially enclosed" premises.  The new law will affect most public premises, including restaurants, pubs, bars, shops, cinemas, shopping centres, leisure centres, offices, factories and other enclosed workplaces and public transport

Exemptions include:

• private accommodation, but not common parts, e.g. staircases and lifts
• hotel accommodation
• other residential accommodation in care homes, hospices, mental health units
• prisons for adults

Evidence from Ireland (ban from March 2004) and Scotland (ban from March 2006) shows many licensed premises will seek to provide areas for smokers, by the provision of facilities such as smoking shelters, canopies or other covered outside areas which, combined with the use of outdoor space heaters, allow use in most weathers.

These structures will have some form of roof, and a combination of walls and openings to comply with the Health Act provisions.