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Explanatory Memorandum to Smoking (Northern Ireland) Order 2006

Article 3: Smoke-free premises

Article 3 makes provision for enclosed or substantially enclosed premises to be smoke-free. Paragraph (1) provides for all premises to which the public has access to be smoke-free unless specifically exempted by regulations under Article 4. However, private premises, for example, stately homes which are open to the public for one day a year and are not a person’s workplace, will only need to be smoke-free for the period when the public may be present.

  • Paragraph (2) sets out that premises used as a place of work by more than one person, irrespective of whether they work there at the same time, and premises where members of the public go to give or receive goods or a service, including for example a solicitor’s office or a dressmaker’s shop, will be smoke-free at all times.

Paragraph (3) covers premises that are, for example, someone’s home as well as their workplace. When members of the public come to them to give or receive goods or a service, only the parts of the premises, which are used for work purposes, will be smoke-free. Those parts might include the waiting room and the area in which they receive the service.

  • Paragraph (5) provides for the Department to specify in regulations what enclosed and substantially enclosed mean. Paragraph (7) provides that premises are open to the public if a section of the public has access to them. It includes premises to which the public has free access and premises to which a section of the public has access on the payment of a fee.

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