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The smokefree regulations came into force on 1st July 2007, smokers are required to leave 'enclosed' and 'substantially enclosed' premises to smoke outside. This may give rise to increased noise nuisance where smokers congregate outside premises such as pubs, restaurants and workplaces, where the ban applies.
Whilst a little noise may not be a problem, under the Environmental Protection Act 1990, action may be taken if noise amounts to a nuisance.
In Ireland and Scotland the smokefree regulations have been in force for some time and where Council staff have investigated complaints about noise from smokers outside, the response from the businesses involved has generally been very constructive.
We expect a similar level of co-operation from owners and occupiers of premises locally, to ensure that reasonable steps are taken so that staff and customers do not cause a noise nuisance when smoking outside.
These steps should include: