What are your rights if someone lights up a cigarette in a partially enclosed restaurant?
CEO of TAG (Tobacco, Alcohol and Gambling Advisory and Advocacy Group), Peter Ucko says the law is simple when it comes to smoking in public areas.
He says smoking is prohibited in a public places even if it's a restaurant with just umbrellas.
If the area is totally open, there's nothing above you, no overhead covering, then you may smoke there - it's not illegal.— Peter Ucko, CEO of TAG
Ucko says large umbrellas restrict air flow and it becomes a dangerous area for air pollution, which means it is a no smoking area. The same applies to patios.
The person in control of the public place, it could be the manager or owner, is obliged to making sure that no person smokes in the area where it is not permitted.— Peter Ucko, CEO of TAG
If someone lights up a smoke in a public place and it affects you, Ucko suggest that you politely ask if they could stop or move tables "because smokers are generally not bad people".
If you ask nicely, smokers will oblige...— Peter Ucko, CEO of TAG
Listen to the rest of the interview below: