Environmental Health considers noise, smoke and odour issues when consulted on planning applications, and makes comments as necessary.
The open nature of shisha businesses can potentially causes noise and smoke issues to adjacent premises, especially residential properties. Refusal of a planning application may be recommended if there is potential for smoke and noise to be detrimental to the amenity of neighbours, or conditions may be placed on the planning permission that limits music or imposes hours of operation.
The 50% rule
Together this is known as the 50% rule. Put simply, this means:
- If 50% of the wall surface area or more is permanently missing at the edge of the ceiling or roof and cannot be covered or closed, it is legal to smoke under the shelter.
- If more than 50% of the wall surface are is closed, including any closable openings such as windows and doors, it is illegal to smoke under the shelter.