Shisha Lounges are now incredibly popular with customers, but not necessarily so with Planning Departments. We have extensive experience of Shisha Lounges planning law applications and appeals and can work for you to ensure that your application is processed in as timely a manner as possible.
Our Shisha Planning Experience
As with any planning application, we always find that we can help the most if we are involved in the process as early as possible. Our planning law expertise includes:
- Initial planning application for Shisha Lounges
- Shisha Lounge planning law appeals
Whatever the nature of your planning law enquiry, you can be confident that we can help you. Find out more regarding Planning Law for Businesses.
What Is Special About A Shisha Lounge?
Due to factors that target all buildings, like strict anti-smoking laws, the way you build your lounge is important. Certain designs may fall foul of smoking regulations brought in to reduce the impact of passive smoking in the workplace, so be careful!
Shisha lounges are becoming more and more important in the UK as increasing numbers of planning applications and planning enforcement complaints have been made since 2007.
It is still perfectly legal to operate a shisha lounge. The restrictions only mean that you cannot allow smoking within an enclosed area, or within a substantially enclosed area. The definition of a substantially enclosed area is the tricky part, because there are some parts of the definition that are counter-intuitive.
A substantially enclosed area is any area with a roof or shelter and more than half of the area surrounded by walls. Doors, windows, and walls that are less than a certain distance away from the roof or shelter will be counted as if they were walls, while if they're further than a certain distance away from the roof, they will not be counted as walls.
Frustratingly, this distance may vary from council to council. A roof or shelter still counts even if it is retractable, such as an awning. This means that walls that are close to the shelter may still infringe.
Failing to prevent smoking in a building that should be smoke free can have serious consequences, including fines of up to £2,500, and the council may apply for a High Court Injunction to prevent the activity if it continues – this is why it's important to get legal advice at an early stage! Find out more about Neighbourhood Planning Issues with our Neighbour Disputes section.
There are many important issues that surround the building of a shisha lounge, and being in the clear on one issue does not imply that you are in the clear on all issues. For example, you may be granted planning permission, but this does not imply that you are compliant with the Health Act 2006 (the act which introduced the strict regulations around smoking).
Some of the issues facing shisha lounge owners other than smoking include:
- Obtaining planning permission.
- Complying with building regulations.
- Removing 'statutory nuisances' – noise, smells and so forth.
- Complying with gas, fire and health and safety rules and laws.
- Licensing and registration issues, which may affect your shisha lounge if you provide late night refreshment or food.
There are further issues, of course, but these are the main issues that may impact how you want to plan and build your shisha lounge. For more information about the problems you could encounter on the way to building your shisha lounge, or on potential problems you could encounter with your already built shisha lounge, use our contact form to ask us a question.
How We Help You
We take the time to listen to your needs so that we can provide you with the best advice possible. This is why we always offer a free initial telephone discussion so that we can find out exactly how we can help you. We will then provide you with a range of options, many of which involve a fixed fee service so that you know exactly where you stand.
Can We Help You?
The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied is given in relation to such materials. We shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website. Viewing this website, or contacting us does not constitute a solicitor client relationship between you and this firm.