[ S.L.315.04 SMOKING IN PUBLIC PLACES 1 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
- The title of these regulations is the Smoking in Public Places Regulations.
- In these regulations, unless the context otherwise requires: Title. Interpretation. "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. 3.
(1)No person shall smoke any tobacco product in any enclosed area. Ban on smoking in enclosed areas.
(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. 4.
(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 Designated smoking rooms. Amended by: L.N. 254 of 2013; XVI.2018. Fourth Schedule. 2 [ S.L.315.04 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. Cap. 583. Prohibition of smoking within the precincts of a playground or public garden. Added by: L.N. 493 of 2011. Prohibition of smoking in places where food is served. Added by: L.N. 206 of 2020. Other laws and regulations. Re-numbered by: L.N. 493 of 2011. 5. 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. 5A. Deleted by Legal Notice 294 of 2020. 6. 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.