sec.137Designating an outdoor smoking area

sec.137 Designating an outdoor smoking area

This section applies to the liquor licensee of— premises to which a commercial hotel licence or community club licence under the Liquor Act 1992 applies; or premises, to which a commercial special facility licence under the Liquor Act 1992 applies, that contain all or part of a casino. The liquor licensee may designate a part of the licensed outdoor area of the premises as an area in which drinking and smoking is allowed (a designated outdoor smoking area ) by posting a diagram or other notice clearly showing the limits of the area. There may be more than 1 designated outdoor smoking area at the premises. The liquor licensee must not designate a part or parts of the licensed outdoor area of the premises under subsection (2) other than in compliance with this section. Maximum penalty—140 penalty units. The total area of the designated outdoor smoking area or areas must not be more than 50% of the whole licensed outdoor area of the premises. Each designated outdoor smoking area must have buffers on its perimeter wherever it is adjacent to other parts of the premises ordinarily accessed by customers. Each buffer must be— a screen, impervious to smoke, at least 2.1m high; or an area, at least 2m wide, in which customers are not permitted to eat, drink or smoke. an artificial screen, 2.1m high a garden or pathway, 2m wide For subsection (7) (a) , the height of a screen is to be measured as if the base of the screen were level with the highest point of the ground or floor within 1m on either side of the screen. For a buffer mentioned in subsection (7) (b) , at least half of its area must be taken from the area that would otherwise form part of the designated outdoor smoking area. If a buffer includes a door, the door must remain closed unless customers or employees of the premises are using the door to enter or exit the designated outdoor smoking area. If a buffer includes a window, the window must remain closed while the designated outdoor smoking area is being used. There may not be a designated outdoor smoking area at the premises if any part of the licensed outdoor area of the premises has been set aside as a smoking area under section 134 . s 137 ins 2004 No. 47 s 40 amd 2006 No. 46 s 292 ; 2008 No. 48 s 59 (1) sch 1 ; 2011 No. 41 s 70 ; 2023 No. 16 ss 42, 3 sch 1 (sec.137-ssec.1) This section applies to the liquor licensee of— premises to which a commercial hotel licence or community club licence under the Liquor Act 1992 applies; or premises, to which a commercial special facility licence under the Liquor Act 1992 applies, that contain all or part of a casino. (sec.137-ssec.2) The liquor licensee may designate a part of the licensed outdoor area of the premises as an area in which drinking and smoking is allowed (a designated outdoor smoking area ) by posting a diagram or other notice clearly showing the limits of the area. (sec.137-ssec.3) There may be more than 1 designated outdoor smoking area at the premises. (sec.137-ssec.4) The liquor licensee must not designate a part or parts of the licensed outdoor area of the premises under subsection (2) other than in compliance with this section. Maximum penalty—140 penalty units. (sec.137-ssec.5) The total area of the designated outdoor smoking area or areas must not be more than 50% of the whole licensed outdoor area of the premises. (sec.137-ssec.6) Each designated outdoor smoking area must have buffers on its perimeter wherever it is adjacent to other parts of the premises ordinarily accessed by customers. (sec.137-ssec.7) Each buffer must be— a screen, impervious to smoke, at least 2.1m high; or an area, at least 2m wide, in which customers are not permitted to eat, drink or smoke. an artificial screen, 2.1m high a garden or pathway, 2m wide (sec.137-ssec.8) For subsection (7) (a) , the height of a screen is to be measured as if the base of the screen were level with the highest point of the ground or floor within 1m on either side of the screen. (sec.137-ssec.9) For a buffer mentioned in subsection (7) (b) , at least half of its area must be taken from the area that would otherwise form part of the designated outdoor smoking area. (sec.137-ssec.10) If a buffer includes a door, the door must remain closed unless customers or employees of the premises are using the door to enter or exit the designated outdoor smoking area. (sec.137-ssec.11) If a buffer includes a window, the window must remain closed while the designated outdoor smoking area is being used. (sec.137-ssec.12) There may not be a designated outdoor smoking area at the premises if any part of the licensed outdoor area of the premises has been set aside as a smoking area under section 134 .