Last updated: March 22, 2024

Smoke Free Status of Outdoor Places

Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.

Outdoor areas up to the borders of the fence or the land lot of the premises

Analysis

For several categories of places, the regulations prohibit smoking both inside the building and “the surrounding area of the building which is within the borders of the fence or the land lot of the premises.” This is designated by the phrase “area of” followed by the name of the premises. The specified places include: hospitals and clinics; government premises; public places and buildings used for assembly activity; educational institutions and higher educational institutions; nurseries; nurseries; petrol stations; sports complexes; libraries; and places of national service training.

Five-foot way and within three meters from the distance of the building line

Analysis

For several categories of places, the regulation prohibits smoking inside the “building,” which includes “the five-foot way and within three meters from the distance of the building line, and also includes the area covered by any additional permanent roof that is connected to the main building.” These specified places include: public transportation terminals; Parliament of Malaysia; stadiums, fitness centers, and gymnasiums; places used for religious purposes; and places of work. 

Rest and recreation areas except open public car park

Analysis

The regulations prohibit smoking in rest and recreation areas except an open public car park.

Any areas within a public park other than an open public car park

Analysis

The regulations prohibit smoking in any area of a public park except an open public car park.

Observation towers, camp sites, and canopy bridges in state and national parks

Analysis

The regulations prohibit smoking in any observation tower, camp site, and canopy bridge. In addition, the regulations prohibit smoking within five meters of the entrance or exit of a canopy bridge in state and national parks.

Vehicles that serve food

Analysis

The regulations prohibit smoking in any “eating place,” which is defined to include “any area on a vehicle where food is prepared, served or sold, and any surrounding area within a radius of three meters from the vehicle.” 

Restaurants

Analysis

The regulations prohibit smoking within a three-meter radius from any table or chair at an eating place. An “eating place” is “any premise whether inside or outside a building, where food is prepared, served, or sold.”

Area used for assembly activity

Analysis

The regulations prohibit smoking in “any area which is used for any assembly activity,” which may be an outdoor area.