Health (Smoking in Enclosed Public Places) Regulations 2003



Schedule 1 Exempt places
[r. 5(1)]
Enclosed public place Conditions
1. Bar or lounge area adjoining (but not including) a dining area1. The bar or lounge area is not a subject of a restaurant licence.
2. Meals are not served or consumed in the bar or lounge area except at a bar counter.
3. The bar or lounge area has adequate ventilation.
4. There is no other separately enclosed public place within the premises in which the bar or lounge area is located that comprises another bar or lounge area.
2. Bar or lounge area not adjoining a dining area1. The bar or lounge area is not a subject of a restaurant licence.
2. Meals are not served or consumed in the bar or lounge area except at a bar counter.
3. The bar or lounge area has adequate ventilation.
3. Allocated room in restaurant1. The allocated room is a separate and enclosed room within an area that is a subject of a restaurant licence.
2. Meals are not served or consumed in the allocated room.
3. The allocated room has adequate ventilation.
4. There is only one allocated room in the area referred to in condition 1.
5. The allocated room is not, or does not form part of, the main access way to the area referred to in condition 1.
4. Cabaret or nightclub1. The cabaret or nightclub has adequate ventilation.
2. 80% of the floor space of the cabaret or nightclub is set aside as a non-smoking area.
5. Covered area1. One or more of the windows, doors or retractable coverings referred to in paragraph (c)(ii) of the definition of }covered area~ in regulation 3 are open so that the covered area is not substantially enclosed.
6. International Room at Burswood Casino1. The room has adequate ventilation.

    [Schedule 1 inserted in Gazette 18 Oct 2005 p. 4620-1.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.