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Smoking outside entrances

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withytree | 18:29 Sat 31st Jan 2009 | Law
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How far away from an outside door of a public building should you be , before you can lawfully smoke
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There is no law, but if it is private property, the owner can set their own rules.
We used to be able to smoke just outside in the car park but now we have to go on to the pavement. When I say we I mean as in the general we. I gave up smoking 18 months ago.
As Ethel states, the owner of the land which you're on is free to set their own rules.

However your question seems to relate to the specific legislation which would, for example, still apply even if the doorway opened straight onto the public street.

The legislation only prohibits smoking in 'enclosed' and 'substantially enclosed' premises. Those terms are legally defined by the Smoke-Free (Premises and Enforcement) Regulations 2006:
http://www.opsi.gov.uk/si/si2006/20063368.htm

If you look at those regulations, you'll see that premises can only be 'enclosed' or 'partially enclosed' if they're covered by a ceiling or roof (including temporary structures, such as a canvas awning). If there's nothing over your head, the law does not prohibit smoking. If there is something over your head, you need to consider the area of the openings in the walls (or where a wall could be). If the 'open' part is less than one half of the total area of of the 'walls', it's illegal to smoke there.

Chris
In our general hospital you have to get off the site.......30y walk to street!
And that's a hell of a long walk if you're wheeling your drip stand x
Even further when pregnant and in labour ;-p
Near my house is a bus shelter. It has 3 sides made from mesh with quite big holes. There is an 8" gap at the top and bottom.
It also has a sign that says it is an offence to smoke in it.
Best stand outside then !!!
My local publican has said on many an occasion that it's a requirement to be at least five metres from the doorway. However, this may be either a Scottish law only or even a local licensing byelaw I suppose. (He also might be making it up for his own convenience I suppose!)

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