Smoking in Public Places Regulations, 2010

L.N. 23 of 2010

TOBACCO (SMOKING CONTROL) ACT

(CAP. 315)

Smoking in Public Places Regulations, 2010

IN exercise of the powers conferred by article 9 of the

Tobacco (Smoking Control) Act, the Minister for Social Policy has

made the following regulations:-

The title of these regulations is Smoking in Public Places

Regulations, 2010.

In these regulations, unless the context otherwise

requires

“accommodation” means premises furnished and

equipped to provide living accommodation to individual

persons and licensed by the Malta Tourism Authority;

“designated smoking room” is any room intended for

the purpose of smoking any tobacco product;

“enclosed area” means any space covered by a roof and

enclosed by more than one wall or side, regardless of the

material used for the roof, wall or sides, and regardless of

whether the structure is permanent or not;

“premises” includes any structure whether temporary or

not, to which the public have or are permitted to have access,

whether on payment or otherwise, but excludes buildings

intended for private residential purposes;

“responsible person” means any person who at any time

is performing, supervising or managing any operation being

carried out in any premises to which these regulations apply

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

of his employer;

“Superintendent” means the Superintendent of Public

Health.

(1) No person shall smoke any tobacco product in any

enclosed area.

(2) It shall be the duty of the responsible person not

to allow smoking of any tobacco product to be carried out in any

enclosed area within his premises.

(3) However smoking is permissible in individual

rooms in any 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.

(1) Designated smoking rooms shall be in accordance

with criteria established by the Superintendent and published in the

Gazette.

(2) It shall not be lawful for any person to smoke or

allow smoking in a designated smoking room after the 1st January

2013

Provided that

(a) it shall be the duty of the responsible person

to notify the Superintendent of Public Health, within two

months from the coming into force of these regulations, of the

existence of any designated smoking room which falls under

his responsibility; and

(b) in the case of designated smoking rooms which are

to be used after the coming into force of these regulations,

the aforementioned notification shall be effected immediately

prior to their use.

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 Premises Open to the Public Regulations,

2004. 2004 are hereby being revoked.

€0.19