Smoking shelters — additional guidance

The government’s Smokefree England website advises that employers are not obliged to provide smoking shelters: “It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outside smoking shelter or area, you will need to be sure that it is not ‘enclosed’ or ‘substantially enclosed’.”

The regulations do not cover open public spaces and there is no legal requirement to stipulate a distance away from the building where smoking can take place.

Smokefree England also states that it is up to employers to resolve issues such as breaks and matters such as paid time off to help smokers give up.