If you provide smoking facilities as part of your business (such as a shisha café), or providing facilities for smoking that’s incidental to the business (such as a pub’s smoking shelter), you must comply with legal requirements.

Section 1(2) of the Health Act 2006 (smoke free law) applies to the smoking of tobacco or anything which contains tobacco. This includes being in possession of lit tobacco or anything lit which contains tobacco. Also, being in possession of any other lit substance in a form in which it can be smoked. That includes smoking shisha. Smoking is described as being in possession of a lit article.

The Act prohibits smoking in an area which has a roof or ceiling and is enclosed or substantially enclosed, and which is:

• used as a place of work by more than one person (not necessarily at the same time and including volunteers)
• used as a place of work for one or more persons and where members of the public might attend to seek goods or services (In both the above circumstances the premises would be smoke-free all the time)
• a place not being as described above, but which is open to the public. (In this circumstance the premises would be smoke-free only when the public were present)

Where smoking is a main activity, the objective is often to provide a comfy, warm place where people can stay for extended periods of time. This contrasts with the regulations which require enclosed or substantially enclosed premises to be smoke-free.

Businesses importing and/or supplying tobacco products, including Shisha, also face other legislative requirements.

Before entering into binding contracts to rent or purchase premises or spending money modifying a premise check that for compliance with all relevant legislation.

The following areas must be considered when setting up a shisha café:

• Planning
• Building control
• Fire safety
• Licensing Act 2003 – providing regulated entertainment and late-night refreshment
• Food safety – providing food or drink
• Health and Safety
• Trading Standards – under age sales and marketing of tobacco including required signage
• Revenue and Customs – duty liable on tobacco products etc.

Compliance with any of the above considerations does not automatically earn compliance with another. For example, having planning permission does not mean that the structure is compliant with smoke-free law.