Nearly all enclosed and substantially enclosed public areas and workplaces such as:

• Places the public have access to, such as pubs, clubs, shops, restaurants and cafes
• Places being used wholly or mainly as a place of work, including voluntary work
• Places being used wholly or mainly for providing education, health or care services
• Vehicles used for public transport, such as trains, buses and taxis

Premises are enclosed if they:

1. have a ceiling or roof; and
2. except for doors windows and passageways, are wholly enclosed either permanently or temporarily.

Premises are substantially enclosed if they have a ceiling or roof but there is:

1. an opening in the walls; or
2. an aggregate opening in the walls, which is less than half the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.

Note: that the roof includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning.

In determining the area of an opening or an aggregate area of openings, no account is taken of openings in which there are doors, windows or other fittings that can be opened or closed.

Smoking is only allowed in shelters which are not substantially enclosed.

Further advice is available in our smoking shelters guidance ^{(pdf, 1.1mb)}document.

No, as an employer you do not have to provide a shelter for staff that wish to smoke. Your responsibility is to ensure that staff are not smoking in an enclosed space.

We will investigate any complaints made to us. Failure to comply with the legislation is an offence and can carry the following penalties:  

	Fixed penalty notice	Maximum fine in court
Failure to display a ‘no smoking’ sign in premises covered by the smokefree law	£200	£1000
If someone is found to be smoking in a smokefree premises	£50	£200
Failure for a person in control of a premises to prevent smoking	£200	£2500

There is lots of help and advice available for people that want to quit smoking. To find out more visit the NHS Quit Smoking website or Smokefree Hampshire