(1) A person who smokes or holds a lit or electronic tobacco product in or within a 10 m radius of the entrance, exit, window or ventilation intake of an enclosed public place, enclosed workplace or public conveyance, including a place listed in Schedule 1 commits an offence.
(2) Notwithstanding subregulation (1), an owner and operator of a business including —
(a) a bar, restaurant and club; and
(b) a tourist establishment,
may create outdoor smoking areas in open spaces under subregulations (3), (4) and (5).
(3) An owner and operator of a business under subregulation (2) shall cause outdoor smoking areas to —
(a) be open-sided;
(b) be located at a distance of at least 15 m from any structure or area where smoking is prohibited;
(c) be located in an area where access by persons, other than those smoking, is not necessary;
(d) be physically separated and structurally unconnected to, areas where smoking is prohibited;
(e) be inspected by an environment health officer.
(4) In an outdoor smoking area created under subregulation (2), there must not be —
(a) distribution, promotion, branding or sale of tobacco products; or
(b) a form of entertainment, organized by the proprietor.
(5) An operator or a proprietor of a business under subregulation (2) shall ensure that —
(a) a child is not permitted to enter, or stay in, an outdoor smoking area;
(b) a user of the outdoor smoking area is advised that staff do not serve in the area;
(c) smoking is prohibited in the outdoor smoking area, when it is being cleaned.
(6) This regulation does not prevent a manager, an owner or a lessee of premises from prohibiting smoking anywhere else on the premises.