Understanding regulations

The various Acts that set up the smoking bans are fairly general – they ban smoking except in certain places. What these places are is defined in national Regulations.

The Regulations show what you could be allowed to do – not necessarily what you will be allowed to do – and define which places are enclosed (smoking banned) and which unenclosed (smoking permitted).

Local Planning, Licensing and Environmental Health will all have an impact on what you can actually do within the Regulations.

For example the Scottish Regulations permit smoking in roofed areas in which not more than 50% of the perimeter comprises walls, windows and doors.

This could be interpreted as:

Local Planning controls are likely to focus on any restrictions to changes in the fabric of the building as a result of its listed status, or its location, whilst Environmental Health Officers may be concerned about:

• noise disturbance to neighbours (caused by people smoking and talking outside, especially late in the evening)
• litter from cigarette butts

These will obviously be greater problems if the smoking area is close to houses or flats.

Licensing may also be a difficulty if you are changing the use of an area or, especially, if you are planning to allow smoking and drinking on the pavement outside. In some cases there may be restrictions on when you are allowed to drink outside (for example until 10 pm), or even bye-laws preventing any drinking outside. Any extension of the licensing to new areas will of course require permission to amend your previous licence and must be applied for in the usual way.