Legal: Smoking area health and safety

One of the most contentious issues ever faced by businesses across the hospitality industry has been that of the smoking ban.

It created a furore when introduced a couple of years ago - fears that stay-away smokers would cause trade to slump were, in the main, largely proved correct. Since July 2007 when the ban came in, many venues have tried to redress the balance by providing suitable facilities for smokers - some very successfully, others less so. And, as with most legislation, there are some rules that must be obeyed to the letter.

Take hotels as an example. Smoking is only permitted in pre-designated rooms, and cannot be changed when the fancy takes you. If, say, four bedrooms, which are already booked, are allocated for smoking and another guest requests a similar room this won't be permissible because the designation of another room cannot be changed to suit the purpose.

Outside areas

Things are a little easier when it comes to outside areas allocated for use by smokers.

But before an outside area is designated as a smoking area and/or a shelter is constructed, advice must be sought from the local council regarding any possible planning permission that may be required.

Smoking shelters vary in size and construction, but in all instances consideration should be given as to what material it is constructed from and what fire prevention measures you have or will need to have in place.

For example, if the floor area is made from wood then a risk assessment should be written. I would

recommend barstaff check the area on a regular basis and that there are fire extinguishers to hand as well as suitable receptacles for the disposal of cigarettes.

Heated debate

Additionally, the roof construction of any smoking structure must be carefully thought through, especially if there is to be some form of heating underneath. For, as we all know, heat rises and particular care should be taken when making such decisions.

For warmth during cool weather in patio smoking shelters, there are many types of heaters available.

If the butane gas variety is the heater of choice, then staff must be trained in the measures involved in changing over gas cylinders and lighting. Also with gas cylinders, there is the need to take into consideration the storage involved; where the cylinders will be stored and how much is kept in reserve.

If movable patio heaters are your choice then customers must not be allowed to move them - especially when they are in use. Warning signs are an important safety aid.

There is also the alternative of sensor-stimulated heaters, which are very effective. However, these have to be sited with care so they are not too close to the roof area and also not too close to the heads of people using the shelter.

Also on the market are large umbrella/canopy shelters containing heating elements, which have very good safety features. For example, the umbrella cannot be 'broken down' without the heating element being disconnected.

Whatever your plans, considering health and safety, the all important risk assessment and planning permission early will reduce the chances of your planned facility going up in a puff of smoke!