LANGUAGE
Last updated: January 25th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

All indoor public places

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

All public transport

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Government facilities

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Hospitals

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Shops

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Cultural facilities

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Restaurants

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Casinos

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Hotels/lodgings - guest rooms

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout 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.

Law Source, Section
Sec. 10(1), First Schedule

Private offices

100% Smoke Free
100% smoke free environment throughout 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 "offices, office buildings and work places, including individual offices." Therefore, private offices are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Law Source, Section
Sec. 10(1), First Schedule