PART 3TOBACCO AND NICOTINE PRODUCTS
CHAPTER 1SMOKING
Smoke-free premises
I112Public playgrounds
1
Premises in Wales are smoke-free premises for the purposes of this Chapter so far as they consist of a public playground.
2
The premises are smoke-free—
a
if the premises are within clearly marked boundaries, in the whole of the area within those boundaries;
b
otherwise, only so far as within five metres of any item of playground equipment.
3
The premises are smoke-free by virtue of this section at all times.
4
Premises consist of a public playground for the purposes of this section if—
a
they are designed or adapted for the use, by children, of one or more items of playground equipment,
b
a local authority or community council, or a person acting by virtue of arrangements made with a local authority or community council, controls them or is to any extent engaged in their management or maintenance, or makes arrangements in respect of their control or management or maintenance,
c
they are open to the public, for the purpose (or the primary purpose) of the provision of play facilities for children, and
d
they are not enclosed or substantially enclosed.