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
Outdoor places with a roof and more than 50% of the perimeter surrounded by one or more walls
Analysis
The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes any “place of work,” including outdoor areas of service establishments. However, Section 47(7) exempts from the smoking ban an “outdoor part of a place or premises covered by a fixed or movable roof, provided that not more than 50 per cent of the perimeter of that part is surrounded by one or more walls or similar structures.” Therefore, outdoor parts of premises that are more than 50% surrounded by walls must be smoke free.
