Smoking in Premises Open to the Public Regulations, 2004

L.N. 414 of 2004

TOBACCO (SMOKING CONTROL) ACT

(CAP. 315)

Smoking in Premises Open to the Public Regulations, 2004

IN exercise of the powers conferred by article 9 of the Tobacco

(Smoking Control) Act, the Minister of Health, the Elderly and

Community Care has made the following regulations>–

The title of these regulations is the Smoking in Premises Open

to the Public Regulations, 2004.

In these regulations, unless the context otherwise requires>

“employee” means a person who is employed by an employer<

“designated smoking room” means an enclosed room that is

designated for smoking<

“responsible person” means any person who is ultimately

responsible for any establishment to which these regulations apply

and shall include any person acting on his behalf or any employer<

“premises” means catering premises and other similar

premises from which food and drink are served to the public either

with or without payment<

“employer” means a person who employs one or more persons

and includes such person as may ultimately be in charge of any

premises<

“smoking” includes the carrying of any lighted tobacco

product<

“workspace” means any indoor or other enclosed space where

employees perform their duties as employees, 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 is hereby banned in any enclosed private or public Ban

enclosed

premises which is open to the public except in designated smoking establishments.

rooms.

Designated

Designated smoking rooms shall>

smoking rooms.

(i) be totally separate from areas or rooms normally

occupied by non smokers< and

(ii) have walls from floor to ceiling< and

(iii) have all apertures leading onto other closed areas, or

rooms, tight fitting and that they shall be kept so closed while the

premises are open for business< and

(iv) be clearly marked as being reserved for persons who

smoke< and

(v) be situated in such a manner that they do not require

non-smokers to pass through them.

Duty of

It shall be the duty of the responsible person to>

responsible

person.

(a)

designate rooms for smoking<

(b) adopt measures to ensure that smoking only takes place

in designated smoking rooms<

(c) adopt measures to ensure that by the 5th October, 2004

the exposure of non-smokers to tobacco smoke in designated

smoking rooms, is reduced in accordance with criteria as approved

from time to time by the Superintendent of Public Health and

published in the Gazette<

Provided that in the case of licensed premises whose area is less

than sixty square meters, the responsible person shall adopt the measures

referred to in paragraph (c) hereof by the 5th April 2005.

No person shall smoke in any workspace or public place except Smoking

prohibited in any

in a designated smoking room.

workspace.

These regulations shall not apply to individual rooms in any Exemption.

accommodation premises used for sleeping purposes and which are

occupied solely by smoking patrons>

Provided that this exemption does not affect other rooms occupied

or which may be occupied by non-smokers.

These regulations shall be without prejudice to other laws and

regulations enacted to protect further the health of the community from

the effects of exposure to tobacco smoking.

The Smoking in Public Places Regulations, 2004 are hereby

repealed.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press