See the guidance (GOV.UK) (chapter 8) or email: firstname.lastname@example.org
Marquees and Covid rules, regulations and guidance
What is considered to be an outside space is defined legally in the Health Act 2006 and the Smoke-free (Premises and Enforcement) Regulations 2006. The act introduced a ban on smoking in enclosed public places and the regulations define ‘enclosed’ and ‘substantially enclosed premises’ which apply in relation to inside and outside spaces under the Covid regulations.
A premises is considered enclosed if it has a ceiling or roof and except for doors, windows and passageways, is wholly enclosed whether on a permanent or temporary basis.
A premises is considered to be ‘substantially enclosed’ if it has a ceiling or roof but there are permanent openings in the walls which are less than half the total area of the walls including other structures which serve the purpose of walls (when covered or closed). When determining the area of an opening, no account can be taken of openings in which doors or windows can be opened or closed.
A roof includes any fixed or moveable structures, such as canvas awnings. Tents, marquees or similar will also be classed as enclosed premises if they fall within the definition.
A marquee can only be considered to be an outside space if over 50% of the sides have been removed (known as ‘the 50% rule’).
Openings to provide doors, windows, or other fittings which can be opened or closed do not count towards the 50% figure.