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Shisha Bar - Bradford

City Road Bradford

Hussain Architectural Design Ltd were instructed to refurbish and legalise a Shisha bar based in Bradford.

Before setting up a shisha bar you should consider:

• Planning
• Building regulations
• Statutory nuisances: e.g. noise and smells
• Gas safety: e.g. enclosing flues or contaminating make-up air
• Fire Safety
• Licensing Act 2003: e.g. providing regulated entertainment and late night refreshment
• Food business registration
• Health and Safety
• Trading standards – Under age sales of tobacco including required signage
• Revenue and Customs – duty liable on tobacco products etc
• and Smoke-free law.

The area occupied by each individual smoker must be at least two square metres. Shisha cafes should be no smaller than 200 square metres. Restaurants offering shisha must ensure these rooms are separate from non-smoking areas, with a minimum ceiling height of 3 metres.

The Health Act 2006 (Smoke-free law)
Section 1(2) of the Act applies to the smoking of tobacco or anything which contains tobacco,
and being in possession of lit tobacco or anything lit which contains tobacco, or 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).

A ceiling or roof is any fixed or moveable structure or device capable of covering all or part of
the premises and can include things like canvas awnings, temporary covers etc.

Section 6 of the Act deals with the requirement for ‘NO SMOKING’ signs. It is the
responsibility of the owner or person involved in the management of the premises to make
sure that no-smoking signs are displayed in those premises in accordance with that section.

What are ‘enclosed premises’?
Premises will be considered to be “enclosed” if they have a ceiling or roof, and except for
doors, windows or passage ways are wholly enclosed, whether on a permanent or temporary
basis.

What is a roof?
The term roof includes any fixed or moveable structure or device which is capable of covering
all or part of the premises as a roof, including, for example, a canvas awning.

What is open to the public?
Premises are “open to the public” if the public or a section of the public has access to them,
whether by invitation or not, and whether on payment or not.

What are ‘substantially enclosed’ premises?
This is specified in the ‘The Smoke-free (Premises and Enforcement) Regulations 2006’.
Premises will be considered to be substantially enclosed if they have a ceiling or roof, but
there are openings in the walls which are less than half of the total wall area, including other
structures that serve the purpose of walls. When working out the area of an opening, no
account can be taken of openings in which there are doors, windows or other fittings which
can be opened or shut.

Please note that walls, other structures and items close to the shelter may be counted when
determining the degree of enclosure.

In the case of a nearby wall; where the roof edge is the same height or higher than the
adjacent wall then the distance between the wall and roof edge measured horizontally, will be
used to calculate the openness of that wall. Where the edge of the roof is higher than the top
of the wall the direct distance between them will be used. This calculation gives credit for
increases in either or both the height of the roof above the top of the wall or the distance the
structure is placed from the wall.

See our designs below, they comply with current legislation.