Public Health (General) Regulations 2005

Public Health (General) Regulations 2005

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Public Health Act 1997 .

21 December 2005

W. J. E. COX

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Public Health (General) Regulations 2005 .

2.   Commencement

These regulations take effect on 1 January 2006.

3.   Interpretation

In these regulations –

Act means the Public Health Act 1997 ;

affected building has the meaning given to it by regulation 4 ;

application area means the area of a licensed premises that is the subject of an application to the Director under regulation 5 ;

approved smoking area means an area of a licensed premises that is approved under regulation 5 as an approved smoking area.

4.   Affected buildings

(1)  A building, other than the licensed premises that is the subject of an application under regulation 5 , is an affected building if the building –

(a) has a window or a door on, or within 3 metres of, the perimeter of the application area; and

(b) is not the subject of a determination by the Director under subregulation (2) .

(2)  The Director may determine that a building that has a window but no door on, or within 3 metres of, the perimeter of the application area, is not an affected building.

5.   Approved smoking areas

(1)  The Director, on receipt of a written application by the occupier of a licensed premises, may approve an area in the licensed premises as an approved smoking area if he or she is satisfied that –

(a) the application area –

(i) satisfies the requirements for an outdoor smoking area specified in section 3A(1) of the Act; but

(ii) is unable to be used as an outdoor smoking area because of the operation of section 67B(1)(e) of the Act; and

(b) the occupier is otherwise unable to provide an outdoor smoking area for the premises that accommodates a reasonable number of patrons; and

(c) the application area has only one door opening from the licensed premises to it; and

(d) that door is a self-closing door; and

(e) there is no affected building in respect of the application area.

(2)  An application under subregulation (1) is to be in a form approved by the Director.

(3)  On deciding whether or not to approve an application, the Director is to give written notification to the occupier of the licensed premises of the decision.

(4)  An occupier that has had his or her application under subregulation (1) refused may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.

6.   Use of approved smoking areas

(1)  While the occupier of a licensed premises makes an approved smoking area available for the use of patrons who wish to smoke, the occupier must not –

(a) permit food or beverages to be consumed in the approved smoking area; or

(b) provide televisions, monitors, music or other forms of entertainment in the approved smoking area; or

(c) provide tables in the approved smoking area.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) an individual, a fine not exceeding 5 penalty units.

(2)  While the occupier of a licensed premises makes an approved smoking area available for the use of patrons who wish to smoke, the occupier must not allow –

(a) a door to the licensed premises that is on, or within 3 metres of, the perimeter of the approved smoking area to be open except while a person is entering or exiting the licensed premises; or

(b) a window to the licensed premises to be open if that window is –

(i) in the approved smoking area; or

(ii) on, or within 3 metres of, the perimeter of the approved smoking area.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) an individual, a fine not exceeding 5 penalty units.

7.   Revocation of approval of approved smoking area

If the Director reasonably believes that the occupier of a licensed premises has committed an offence under regulation 6 , the Director may revoke the approval of the approved smoking area given under regulation 5 in addition to any penalty imposed under regulation 6 .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 December 2005

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations make provision in relation to the approval of an area of a licensed premises as an approved smoking area.