SMOKING IN PUBLIC PLACES REGULATIONS

SMOKING IN PUBLIC PLACES

SUBSIDIARY LEGISLATION 315.04

SMOKING IN PUBLIC PLACES REGULATIONS

8th January, 2010

LEGAL NOTICE 23 of 2010, as amended by Legal Notices 493 of 2011,

254 of 2013 and 206 and 294 of 2020 and Act XVI of 2018.

The title of these regulations is the Smoking in Public

Places Regulations.

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

SMOKING IN PUBLIC PLACES

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; and

(c) any person may smoke or allow smoking in a designated

smoking room within a casino which is licensed by the

Malta Gaming Authority under the Gaming Act.

No person shall at any time smoke any tobacco product

within the precincts of a playground or public garden in which

there is playing equipment for children.

Deleted by Legal Notice 294 of 2020.

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.