Smoking Shelters

With effect from 1st July 2007 smoking will be prohibited in all enclosed public places and enclosed shared work places, in accordance with The Health Act, 2006.

This legislation will affect places such as pubs, restaurants, and offices, etc.

It is likely that planning permission will be required for the erection of a smoking shelter. If the smoking shelter is proposed to be attached to a listed structure Listed Building consent will be required in addition to Planning Permission.

A smoking shelter can comprise of any structure under a roof or ceiling, and can include canopies and awnings. In order to comply with the Health legislation smoking shelters must not be substantially enclosed. This means 50% of its sides must be permanently open.

Applicants are advised that it is highly likely that the Environmental Health Department will ask for details of the application to ensure it meets the requirements of smoke-free workplaces legislation and control the impact of people using the smoking shelter on its neighbours (for example the potential for additional noise late at night).