Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, an area is an outdoor smoking area if –
(a) it is provided for the use of customers who smoke by the occupier of premises to which a licence or permit under the Liquor Licensing Act 1990 applies, being premises where the provision of beverages rather than food is the primary function; and
(b) it is not serviced; and
(c) it is an area that –
(i) does not have a roof; or
(ii) has a roof and a perimeter where not more than 50% of the perimeter consists of walls and windows (whether open or closed); or
(iii) is of a class determined by the Director by notice in the Gazette to be an open area; or
(iv) on the application of an occupier of premises to which a licence or permit under the Liquor Licensing Act 1990 applies, has been determined by the Director by notice provided to that occupier to be an open area.
(2) For the purposes of subsection (1)(b) –
"service", in relation to an area, includes the delivery of beverages and snacks or other food to customers in that area.