SMOKING IN PUBLIC PLACES [ S.L.315.04 1
SUBSIDIARY LEGISLATION 315.04
SMOKING IN PUBLIC PLACES REGULATIONS
5th April, 2004
LEGAL NOTICE 244 of 2003.
Title and 
commencement.
1. (1) The title of these regulations is the Smoking in Public
Places Regulations.
(2) These regulations shall come into force on the 5th April,
2004.
Interpretation.
Cap. 315.
''designated smoking area'' means an area other than an enclosed
room, that is designated for smoking;
''designated smoking room'' means an enclosed room that is
designated for smoking;
''employee'' means a person who is employed by an employer;
''employer'' means a person who employs one or more persons
and includes the person who is ultimately in charge of any place;
''smoking'' includes the carrying of any lit tobacco product;
''work space'' means any indoor or other enclosed space which
employees perform the duties of their employment, and includes
any adjacent corridor, lobby, stairwell, elevator, lift, cafeteria,
washroom or other common area frequented by such employees
during the course of their employment.
Smoking 
prohibition in 
enclosed areas.
3. (1) Smoking is banned to the public in enclosed premises
which form part of the public or private establishment listed in the
Schedule.
(2) There shall be made provision for areas to be clearly
defined as being reserved for smokers in any of the establishments
referred to in subregulation (1).
(3) Notwithstanding the provisions of subregulations (1) and
(2), in the event of conflict between smokers and non-smokers in
any area other than such as are reserved for smokers, a smoker shall
desist from smoking in that area.
Employer’s 
responsibility.
4. (1) An employer or a person acting on his behalf shall
ensure that persons refrain from smoking in any work space or
public area which is under the control of the said employer.
(2) An employer shall designate special areas for smoking and
such areas shall be totally separate from areas normally occupied
by non-smokers.
(3) It shall also fall within the responsibility of an employer to
ensure that in such areas as are mentioned in subregulation (2), the
exposure of non-smokers to tobacco smoke is reduced or
2 [ S.L.315.04 SMOKING IN PUBLIC PLACES
minimised, and that employees shall not be required to enter such
rooms even if in the course of their duties.
Smoking in work 
space or public 
place.
5. (1) No person shall smoke in any work space or public
place under the control of an employer except in a designated
smoking room or designated smoking area.
(2) An employer shall clearly inform employees and members
of the public of the prohibition imposed by subregulation (1) and of
the location, if any, of designated smoking room and designated
smoking areas which are under the control of the employer by
posting clearly visible signs, as appropriate or as may be
prescribed.
Saving. 6. The foregoing provisions of these regulations shall not
affect the operation of any other law, regulation or rule, or penalty
ensuing therefrom, in relation to the further protection of persons
from exposure to tobacco smoke.
SMOKING IN PUBLIC PLACES [ S.L.315.04 3
SCHEDULE
Regulation 3(1)
Enclosed public and private establishments
1. Any establishments where services are provided to the public, whether for a
charge or free of charge, including the sale of goods;
2. Hospitals, establishments where health care is given and all other medical
establishments;
3. Establishments where elderly persons are received;
4. Schools and other premises where children or young people are received or
housed;
5. Enclosed establishments where higher education and vocational training are
given;
6. Enclosed establishments used for entertainment, radio and television studios
open to the public, and in any television studio during any debate, discussion or
other programme broadcast locally for public viewing whether live or pre-recorded;
7. Establishments where exhibitions are held;
8. Establishments and places where sports are practised;
9. Premises of ports and airports.
