Outdoor public venues
11 Outdoor public venues
(1) For the purposes of section 11(1) of the Act, the occupier of an outdoor public venue (other than a venue where there is an on-site food service) is permitted to designate an area within the venue to be an exempt area, subject to the following conditions:
(a) that the area so designated does not contain more than 50% of the venue's fixed seating;
(b) that the occupier establishes and maintains a smoke-free area of equal amenity to the exempt area that contains at least 50% of the venue's fixed seating.
In this regulation:
on-site food service, in relation to an outdoor public venue, means a business, or an enterprise of a commercial, charitable or community nature, that provides food or drink at the venue.
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