Last updated: September 9, 2021
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". Because this list, which is very comprehensive, is "non-exhaustive" and because the definitions of "workplace", "public place" and "public transport" are broad, smoking is prohibited in all indoor workplaces, indoor public places and public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces, indoor public places and public transport.
All indoor public places
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". Because this list, which is very comprehensive, is "non-exhaustive" and because the definitions of "workplace", "public place" and "public transport" are broad, smoking is prohibited in all indoor workplaces, indoor public places and public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces, indoor public places and public transport.
All public transport
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places", which includes "public transport". Because this list, which is very comprehensive, is "non-exhaustive" and because the definitions of "workplace", "public place" and "public transport" are broad, smoking is prohibited in all indoor workplaces, indoor public places and public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces, indoor public places and public transport.
Government facilities
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". While it does not specifically include "government facilities," it does include "offices, office buildings and workplaces", which covers many government facilities. In addition, because the list is "non-exhaustive", any type of government facility not specifically mentioned is included due to the broad definitions in the Act of "public place" and "workplace". Therefore, all government facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "offices, office buildings and work places, including individual offices." Therefore, private offices are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hospitals, clinics and other health institutions." Therefore, hospitals are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hospitals, clinics and other health institutions." Therefore, residential healthcare facilities, including their public areas, are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.
Non-residential healthcare facilities
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hospitals, clinics and other health institutions." Therefore, non-residential healthcare facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "education institutions of all levels" and "premises in which children are cared for." Therefore, childcare facilities and preschools are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "education institutions of all levels." Therefore, primary and secondary schools are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "education institutions of all levels." Therefore, universities and vocational facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "retail establishments including markets and shopping malls." Therefore, shops are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". While it does not specifically include "cultural facilities," it does include "cinemas and theatrical performance halls", which covers some cultural facilities. In addition, because the list is "non-exhaustive", any type of cultural facility not specifically mentioned is included due to the broad definitions in the Act of "public place" and "workplace". Therefore, all cultural facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "sports stadia." Because the list is "non-exhaustive", any other type of stadium or arena not specifically mentioned is included due to the broad definitions in the Act of "public place" and "workplace". Therefore, all indoor stadiums and arenas are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "restaurants." Therefore, all restaurants are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "bars." Because the list is non-exhaustive, and due to the broad definitions in the Act of "public place" and "workplace," this provision is interpreted to include pubs and nightclubs. Therefore, bars, pubs, and nightclubs are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.
Casinos
Gambling is illegal in Gambia and there are no casinos. However, if there were casinos, such places would be smoke free. The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule does not specifically include "casinos" (as gambling is illegal). However, because the list is non-exhaustive, and due to the broad definitions in the Act of "public place" and "workplace," if casinos existed they would be smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hotels." Therefore, hotels, including their public areas, are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas in hotels.
Hotels/lodgings - guest rooms
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "hotels." Therefore, hotels, including their guest rooms, are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel guest rooms.
Prisons/detention facilities - public areas
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule contains an "indicative, non-exhaustive list of public places". The list does not specifically include "prisons and detention facilities." However, the list is "non-exhaustive" and due to the broad definitions in the Act of "public place" and "workplace", the provision is interpreted as covering public areas of prisons and detention facilities. Therefore, public areas of prisons and detention facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, trains, buses and other shared ground transportation are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation.
Taxis (for-hire vehicle)
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, taxis are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, commercial aircraft are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public service vehicles and other means of public transport." Therefore, commercial watercraft are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The Tobacco Control Act prohibits smoking in "any part of any public place, workplace or public transport" as listed in the First Schedule of the Act. The First Schedule, which contains an "indicative, non-exhaustive list of public places," includes "public transport terminals, including airports and airfields." Therefore, public transport facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.