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Term --FCTC-Based Definition Gambia
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of "workplace" contained in the Tobacco Control Act aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of "public transport" contained in the Tobacco Control Act aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Defined
Yes
Analysis

The definition of "tobacco smoke, second hand smoke or environmental tobacco smoke" contained in the Tobacco Control Act aligns with the definition of "second hand smoke" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of "smoking" contained in the Tobacco Control Act aligns with, and is more expansive than, the definition provided in the FCTC Art. 8 Guidelines. The definition in the law is more expansive because it includes the act of smoking a "heated tobacco product" such as an e-cigarette.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of "public place" contained in the Tobacco Control Act aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of "tobacco product" contained in the Tobacco Control Act aligns with the definition provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definition of "enclosed" contained in the Tobacco Control Act aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Gambia
All indoor workplaces
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". Because this list, which is very comprehensive, is "non-exhaustive" and because the definitions of "workplace", "public place" and "public transport" are broad, smoking is prohibited in all indoor workplaces, indoor public places and public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces, indoor public places and public transport.

Not Applicable
Not Applicable
All indoor public places
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". Because this list, which is very comprehensive, is "non-exhaustive" and because the definitions of "workplace", "public place" and "public transport" are broad, smoking is prohibited in all indoor workplaces, indoor public places and public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces, indoor public places and public transport.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places", which includes "public transport". Because this list, which is very comprehensive, is "non-exhaustive" and because the definitions of "workplace", "public place" and "public transport" are broad, smoking is prohibited in all indoor workplaces, indoor public places and public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces, indoor public places and public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". While it does not specifically include "government facilities," it does include "offices, office buildings and workplaces", which covers many government facilities. In addition, because the list is "non-exhaustive", any type of government facility not specifically mentioned is included due to the broad definitions in the Act of "public place" and "workplace". Therefore, all government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hospitals, clinics and other health institutions." Therefore, hospitals are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hospitals, clinics and other health institutions." Therefore, residential healthcare facilities, including their public areas, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hospitals, clinics and other health institutions." Therefore, non-residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "education institutions of all levels" and "premises in which children are cared for." Therefore, childcare facilities and preschools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "education institutions of all levels." Therefore, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "education institutions of all levels." Therefore, universities and vocational facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "retail establishments including markets and shopping malls." Therefore, shops are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". While it does not specifically include "cultural facilities," it does include "cinemas and theatrical performance halls", which covers some cultural facilities. In addition, because the list is "non-exhaustive", any type of cultural facility not specifically mentioned is included due to the broad definitions in the Act of "public place" and "workplace". Therefore, all cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "sports stadia." Because the list is "non-exhaustive", any other type of stadium or arena not specifically mentioned is included due to the broad definitions in the Act of "public place" and "workplace". Therefore, all indoor stadiums and arenas are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "restaurants." Therefore, all restaurants are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "bars." Because the list is non-exhaustive, and due to the broad definitions in the Act of "public place" and "workplace," this provision is interpreted to include pubs and nightclubs. Therefore, bars, pubs, and nightclubs are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Gambling is illegal in Gambia and there are no casinos. However, if there were casinos, such places would be smoke free. The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule does not specifically include "casinos" (as gambling is illegal). However, because the list is non-exhaustive, and due to the broad definitions in the Act of "public place" and "workplace," if casinos existed they would be smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hotels." Therefore, hotels, including their public areas, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hotels." Therefore, hotels, including their guest rooms, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". The list does not specifically include "prisons and detention facilities." However, the list is "non-exhaustive" and due to the broad definitions in the Act of "public place" and "workplace", the provision is interpreted as covering public areas of prisons and detention facilities. Therefore, public areas of prisons and detention facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, trains, buses and other shared ground transportation are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, taxis are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, commercial aircraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, commercial watercraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public transport terminals, including airports and airfields." Therefore, public transport facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Gambia
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Gambia
Post signs
Yes
Yes
Analysis

The Tobacco Control Act requires the person responsible for a public place, workplace or public transport to display no-smoking signs. Violations of this provision are punishable by a fine of up to 3,000 dalasis, up to three months in prison, or both. Repeat offenders may have their license revoked or suspended for not less than six months. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring the posting of no-smoking signs and imposing a range of fines and penalties commensurate with the severity of the violation.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The Tobacco Control Act requires a person responsible for a public place, workplace or public transport to "ensure that there are no items that suggest smoking" in the place. Violations of this provision are punishable by a fine from 1,000 to 2,500 dalasis, up to three months in prison, or both. Repeat offenders may have their business license revoked or the place shut down for not less than six months. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring removal of ashtrays and imposing penalties commensurate with the severity of the violation.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The Tobacco Control Act requires a person responsible for a public place, workplace or public transport to take steps to require a person to stop smoking, including ordering the person to stop smoking and if the person refuses, requesting the person to leave the premises and contacting law enforcement. Violations of this provision are punishable by a fine from 1,000 to 2,500 dalasis, up to three months in prison, or both. Repeat offenders may have their business license revoked or the place shut down for not less than six months. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring taking steps to prevent a person from smoking and imposing penalties commensurate with the severity of the violation.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The Tobacco Control Act imposes a duty not to smoke where smoking is prohibited. Violations of this provision are punishable by a fine from 1,000 to 2,500 dalasis, up to three months in prison, or both. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposes penalties for smoking in areas where prohibited. However, penalties and prison terms are the same for individuals and business owners. The Art. 8 Guidelines state: "Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources." Therefore, the drafters of the law may wish to consider increasing penalties for business owners in relation to penalties for individuals.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Gambia
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable