WINTER 2022 SHISHA LOUNGES SHISHA: STAY WITHIN THE LAW The popularity of shisha lounges is growing and more premises are opening up across the UK. But there are strict rules to follow for those running shisha lounges, to ensure they are safe and operating lawfully The practice of shisha smoking has been slowly spreading across Europe and shisha lounges are springing up right across the UK. It is becoming an increasingly popular social pastime, particularly among young people. For the owners of shisha lounges, there are strict regulations in place. Here we take look at them, to help you ensure you are compliant: Waterpipes can only be smoked in the open air. Where a smoking shelter is provided, it must be at least 50 per cent open at all times. Planning permission: if you change the use of a building, make physical changes to the building, or are erecting a smoking shelter, you are likely to need planning permission. If you are erecting any new structure or changing existing buildings you may also be required to make a Building Regulations application. Fire safety: The business owner must make sure a written fire risk assessment is undertaken. There must be means of tackling a fire for example, fire extinguishers staff trained to use them, and an adequate way of raising the alarm in the event of fire. All furnishings and drapes must meet the required standards so as not to ignite easily. Fire exits must be unlocked and have clear and proper signage. Licences: If you are providing alcohol, certain types of entertainment or refreshments after 11pm you are required to apply for a premises licence. The product: Shisha containing tobacco must have been notified to Public Health England. The list of products that require notification will soon be updated. If you make your own, you must make this notification, for which a fee is payable. Make sure you have receipts for any purchases of shisha and ensure the duty and VAT have been paid. Warnings on the shisha: Packaging for tobacco shisha must have the three-part health warning on the two largest surfaces. Herbal non-tobacco shisha must have the warning Smoking this product damages your health covering 30 per cent of the two largest surfaces. Products must be kept in the original packaging for traceability and to prove their origin. No flavour indication is permitted on the packaging of hand-rolling tobacco products, either in written or pictorial format. This#includes the pipe on supply to the customer. Display and prices: Shisha containing tobacco must not be visible to customers and should be in a separate area, out of public view. It is an offence for under-18s to have tobacco products or prices displayed to them. Price lists cannot be on display and can only be shown to a customer over 18 when requested. It must use wording with characters that are no higher than 4mm, which roughly equates to a 14-point font, and Helvetica font must be used. It may contain colour pictures of the actual tobacco product as packaged for sale, as long as each picture does not exceed 50cm2 in size. It must not contain pictures of individual cigarettes or any other unpackaged tobacco products. A sign stating It is illegal to sell tobacco products to anyone under the age of 18 must be displayed. Further detailed guidance is available. Advertising: You are not permitted to advertise shisha when it contains tobacco. Make sure leaflets, posters or other signs do not promote brands of the shisha or the actual products. Train staff to prevent underage sales. Keep a record of this training. Keep a record of any sales you have had to refuse. You should have systems in place to prevent sales to anyone younger than 18. CCTV is recommended. The Khan Review: an independent review into smoke-free 2030 policies has been published. Recommendations cover: Credit: Andrew Tandy, Trading Standards officer Image: iStock / InkkStudios n Investing 125m per year in interventions to reach smoke-free by 2030 n Raising the age of the sale of tobacco by one year, every year n Offering vaping as a substitute for smoking, alongside accurate information on the benefits of switching, including to healthcare professionals n The NHS prioritising prevention, with further action to stop people smoking, providing support and treatment across all its services, including primary care. For further information, please contact your local Trading Standards Service For up-to-date news stories and information, follow us on Anonymous Hotline 0300 303 2636 Is your sector being undermined by unscrupulous traders operating outside the law? Report them via Trading Standards Anonymous Hotline or online and help level the playing field for honest businesses.