Under the smoke-free legislation, workplaces must be smoke free if they are "enclosed" or "substantially enclosed". What does this mean?
The smoke-free legislation requires all public places, including workplaces and premises where voluntary work is carried out, to be smoke free to protect staff and the public against the risks to health from second-hand smoke. To come within the requirements of the legislation, premises must be "enclosed" or "substantially enclosed".
For premises to be "enclosed" they must have a roof or ceiling, which includes a moveable structure such as a canvas awning, and be wholly enclosed - except for doors and windows. They can be enclosed either permanently or temporarily. For example, if a marquee has removable sides, it will be considered to be substantially enclosed if the sides can be attached, even if they are rolled up and not used.
Premises are "substantially enclosed" if they have a roof or a ceiling and have permanent openings in the walls (not including doors and windows) that are less than half of the total wall area.