Can You Smoke in a Marquee?

There is often confusion about whether the smoking ban applies to marquees. The smoking ban is regulated by the Health Act 2006 and applies to all “enclosed places of work” in the UK. In some, but not all, circumstances a marquee can fall within the terms of the ban, but this depends on certain factors.

When is a marquee an “enclosed space”?

The exact wording of the Health Act 2006 says that a structure is considered to be “substantially enclosed” when it has “a ceiling or roof, but has an opening in the walls, which is less than half the total area of the walls.”

What this means is that if your marquee has a roof, but at least some of the sides are open, you might be allowed to smoke inside. It all depends on whether the open sides are equal or greater in area than any sides that are covered.

It is important to note that doors, windows and any other fittings that can be opened or shut do not count as open surface area for the purposes of the smoking ban.

What counts as a “place of work”?

Even if your marquees is on private property, if somebody is being paid to work within in, that still counts as a place of work. This means if you are using a marquee for a wedding or other private event, but are employing staff such as chefs and waiters, or entertainers such as DJs and bands, your marquee is considered a place of work.

Marquees in pub beer gardens also count as they are considered to be part of the main business premises for these purposes.

If you are unsure whether your event will be subject to the smoking ban, we will be happy to offer advice on a case by case basis, or you can contact your local council for a definitive answer.

Andrews Marquees are one of the top marquee hire companies for Bristol and the South West. As well as supplying and erecting your marquee and providing event furniture, we can also advice you on all aspects of using a marquee for your event.

For more information or to request a quote, call today on 01275 545 199 or send as an email and we will get back to you promptly.