Shisha and smoking shelter compliance guidance
1. Introduction
Since 1st July 2007, it has been against the law to smoke in enclosed public places and workplaces. Owners and managers of these premises have a legal duty to prevent smoking and display appropriate signage. This guidance document outlines the legal duties and requirements relating to shisha use, smoking shelters, planning, health and safety, and enforcement.
2. Smokefree legislation
2.1 What the law covers
The law applies to anything that can be smoked, including:
- Cigarettes
- Cigars
- Shisha
- Herbal cigarettes
All smoke free premises must display at least one legible no smoking sign.
2.2 Enclosed and substantially enclosed premises
A premises is enclosed if it has a ceiling or roof and is wholly enclosed except for doors, windows, or passageways.
A premises is substantially enclosed if it has a ceiling or roof and the openings in the walls are less than 50% of the total wall area.
If a smoking shelter is located too close to a wall or obstruction, it may be classed as substantially enclosed.
2.3 The 50% rule
A smoking shelter must be at least 50% open at all times. Closable features such as doors, windows, shutters, or tarpaulin are treated as enclosed areas.
Liverpool City Council has adopted a policy requiring 1.5 metres between a shelter and a sheltering wall to avoid the structure being considered substantially enclosed.
3. Siting smoking shelters
Shelters should be located:
- Away from domestic or commercial premises to prevent smoke infiltration
- Away from chemical or LPG storage due to fire risk
- In areas where noise from customers will not cause nuisance
Failure to consider these factors may result in statutory nuisance complaints.
4. Smoking shelter calculations
To determine whether smoking is permitted:
- Measure the total perimeter wall area (excluding roof and floor).
- Measure the total enclosed wall area.
- Calculate: (Enclosed ÷ Total) × 100.
- If the result is more than 50%, smoking is not permitted.
Openings that can be closed (doors, windows, shutters) are counted as enclosed.
5. Enforcement approach
Local authorities may use:
- Written warnings
- Surveillance and unannounced visits
- Test purchases
- Seizure of goods
- Prosecution for ongoing non compliance
- Closure orders
Information may be shared with partner agencies.
6. Health and safety requirements
Businesses must ensure safe working practices under the Health and Safety at Work Act 1974.
Key considerations:
- Fire risk assessments
- Safe use and storage of LPG
- Adequate lighting and safe access to shelters
- Hygiene measures for shisha pipes (cleaning, disposable mouthpieces)
- Prevention of infection transmission
7. Food safety
If food or drink is provided, the business must register as a food business at least 28 days before operating.
8. Licensing requirements
A premises licence is required for:
- Late night refreshment (hot food/drink between 23:00–05:00)
- Regulated entertainment (music, dancing)
9. Tobacco and Shisha product regulations
9.1 Age restrictions
It is illegal to sell tobacco or nicotine products to anyone under 18. An A3 statutory notice must be displayed.
9.2 Duty paid requirements
Shisha tobacco must be duty paid. Minimum duty inclusive prices apply, please check HMRC for duty rates.
9.3 Health warnings
Shisha pipes supplied with tobacco must display written and picture warnings. Alternative table based warnings may be accepted.
10. Planning and Building Control
Most smoking shelters require planning permission and may require building regulations approval. Planning permission does not guarantee that a structure is legally suitable for smoking.
The use of the premises may also need planning permission, even if you do not make any physical changes to a building. It will need to be confirmed if there has been a ‘material change’ in the way the premises are operating. Please contact the planning team at Planning@liverpool.gov.uk
11. Fire safety
Businesses must:
- Conduct a fire risk assessment
- Provide fire extinguishers and trained staff
- Ensure fire exits are unlocked and clearly marked
12. Additional operational considerations
- Keep entrances free from smoke exposure
- Provide ashtrays to prevent littering
- Maintain staff training records
- Ensure proper documentation for imported shisha products
13. Summary
This guidance outlines the legal framework and best practice requirements for operating shisha premises and smoking shelters. Compliance with smokefree legislation, planning rules, health and safety duties, and licensing requirements is essential to avoid enforcement action.
Businesses are encouraged to seek advice from their local authority before constructing shelters or beginning shisha related activities.