Considerations on the use of Outdoor Areas and Shelters for Smoking

Litter

The use of outdoor areas or smoking shelters can result in increased littering. You should therefore:

• Provide external bins, ash trays or stubbing bins for cigarette ends and empty them regularly
• Sweep up any cigarette ends and other litter regularly
• Make your staff aware that it is a legal offence to drop litter and ask them to use the bins provided
• Put up signs encouraging staff and customers to use any bins provided for stubbing out their cigarettes

Noise

Commercial premises, particularly those open or working early in the morning or late at night, must consider the potential noise impact on nearby properties of patrons or employees congregating outside to smoke.

Odour

Wherever you decide to site your smoking shelter you must ensure that it is not sited in such a way that smoke drifts into other parts of your premises or other premises surrounding yours as this could give rise to smell complaints.

Health and safety

You should also consider the health and safety implications of the use of outdoor areas and smoking shelters including;

• Ensuring that there is safe access and exit to and from your smoking shelter/outdoor area;
• You must ensure that you have agreed fire arrangements that cover the use of the smoking shelter or outdoor area;
• If outdoor heaters and lights are used they must be safely installed and used in a safe manner.

Licensing

Licensed premises, for example; public houses and bars may need to apply for a variation in their license conditions if they wish to allow customers to take alcoholic drinks outside their premises in order to smoke, whether that is in a smoking shelter or not.

For further advice please contact Walsall Council’s Licensing Team on 01922 653583.

Contact us

Public Protection Services
Environmental Health Division
Challenge Building
Hatherton Road
Walsall
WS1 1DJ

Telephone 01922 652210