What does 'substantially enclosed' mean?
A premise or structure will be considered substantially enclosed if it has a ceiling or roof but there is an opening or aggregate area of openings in the walls which is less than half of the total area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premise. This is called the '50% rule'. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be open or shut. A roof includes any fixed or moveable structure or device, such as a retractable canvas awning, capable of covering all or part of the premises.
The definition includes temporary structures such as tents and marquees.
For an example of how to calculate the 50% rule visit
- Smokefree Legislation
- What workplaces and public places are covered?
- What does 'substantially enclosed' mean? (you are here)
- What does smokefree legislation mean in practice?
- What are the penalties for non-compliance?
- What about vehicles?
- Are there any exemptions?
- What about entrances to buildings?
- Do employers have to provide smoking breaks or outside smoking areas?
- Is there help for staff to stop smoking?
- Is the age of sale of cigarettes or tobacco products changing?
- Examples of Smokefree Premises
- Access to Exemptions