Last updated: February 26, 2020

Smoke Free Status of Outdoor Places

Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes

newPlaceName

Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any area in a petrol station" as a place that is smoke free. This includes outdoor areas of petrol stations.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

newPlaceName

Analysis

Under the Tobacco Order, 2005, the Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any immigration control post including its premises" as a place that is smoke free. Premises is defined as including adjoining land, therefore outdoor areas of immigration posts are smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke and in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

newPlaceName

Analysis

Under the Tobacco Order, 2005, the Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "recreational park" as a place that is smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

newPlaceName

Analysis

Under the Tobacco Order, 2005, the Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "queue of 2 or more persons in a public place" as a place that is smoke free. This provision is interpreted as requiring outdoor queues to be smoke free because smoking is prohibited in indoor queues as virtually all public buildings are already smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

newPlaceName

Analysis

Under the Tobacco Order, 2005, the Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "market, stall, kiosk, tamu or any business premises" as places that are smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

newPlaceName

Analysis

The Regulations, as amended in 2012, prohibit smoking in buildings listed in the First Schedule "including its five foot way and within 6 metres from the distance of the building line." The Minister of Health has explained that this means that smoking is prohibited on sidewalks near business premises and within a six meter radius of smoke free buildings. http://www.bt.com.bn/news-national/2012/02/27/non-smoking-areas-be-expanded.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.