Under the Smokefree (Premises and Enforcement) Regulations 2006 nearly all public places and work places that are enclosed or substantially enclosed had to be smoke-free from 2007. This legislation has ensured that people who wish to smoke have to stand outside the premises. Throughout Cardiff this has resulted in a substantial number of smoking enclosures being erected outside of Public Houses, Bars and Clubs mainly at night. A consequence of these can been an increase in the litter of cigarette ends and the restriction of movement of pedestrians on the highway.
Whilst the provision of having designated smoking areas can be necessary to segregate customers from passing pedestrians, it is important that these areas are properly administered and managed to ensure that they meet the high standards expected in Cardiff. They should not obstruct the highway, create a hazard for pedestrians or create a cleansing issue.
Penalty for non-observance
Enforcement measures will result in a Fixed Penalty Notice of £100 plus the appropriate licence fee. In circumstances where businesses fail to comply we may remove the enclosure from the public highway.
The Fixed Penalty Notices of up to £100 will also be enforced if the Terms and Conditions are not adhered to.
The company director or the authorised officer is responsible for ensuring that all the Terms and Conditions are adhered to.
All smoking areas must be provided with metal (or other fire retardant material) ashtrays suitable for outdoor use, that is made from unperishable material. Under Section 87 of the Environmental Protection Act 1990 it an offence to throw down and deposit litter including cigarette ends on the highway. This zero tolerance offence will result in an on the spot fixed penalty notice of £80 for the offender. Signs should be displayed stating this and asking people to use the receptacles provided.
How to apply
Before applying we recommend reading the Terms and Conditions.
You can apply for a Smoking Enclosure by completing this application form and sending it to us as follows:
E-mail:
assetmanagement@cardiff.gov.uk
Post: Room 301, Asset Management, Cardiff City Council, County Hall, Cardiff CF10 4UW
How much will the Permit cost?
The permit will cost £40 per square metre.
What happens next?
Once an application is received it will be assessed by our Highway Officers and if the application is approved under the terms of the Highways Act 1980 the Council has a duty to advertise applications for Smoking Enclosure Permits for not less than 28 days by posting notices in the vicinity of the proposed enclosure. These notices set out details of the proposals and invite representations to be made by people who may be affected.
Once the 28 days have expired if there are no objections a finance officer will contact you for payment by debit or credit card. If the application is unsuccessful, Cardiff Council will contact you with the reasons for the refusal to grant permission in this instance.