A mother who discovered workers are allowed to smoke near the sandpit of her daughter's childcare centre is calling for a loophole in Queensland's anti-smoking laws to be closed.

Key points: Smoking has been banned within five metres of childcare centres in Queensland since 2016

Smoking has been banned within five metres of childcare centres in Queensland since 2016 Queensland's tough anti-smoking laws do not apply to private property

Queensland's tough anti-smoking laws do not apply to private property The childcare centre says it has worked with the neighbouring business to move the smoking area

Clarissa Brown saw employees from neighbouring businesses take their smoking breaks on the other side of the fence where children were playing at Edge Early Learning in West End in Brisbane's inner-city.

"As a parent, I was upset — I suffered with childhood asthma and I'm very aware of smoke drift, as well as passive smoking," Ms Brown said.

"I did informally approach the commercial building workers and nicely ask people to stop smoking, however that didn't work and I continued to see people smoking."

Smoking has been banned within five metres of childcare centres in Queensland since 2016.

But when Ms Brown approached Queensland Health for advice, she was told smoking was allowed in the area due to a loophole in the legislation.

Employees from neighbouring businesses take their smoking breaks near the fence where children play. ( ABC News: Melinda Howells )

Exemptions apply if there is a house or business next door, meaning people can legally smoke on the adjoining private property, within the five-metre buffer zone.

"I was so disappointed. I could not believe it. I wanted to see the legislation enforced, and I felt let down," Ms Brown said.

The mother-of-three ended up moving her two-year old to another daycare provider in frustration.

"The legislation just isn't protecting our children," Ms Brown said.

The area where people smoke, highlighted in red, is just metres from the centre's play areas. ( Supplied: Google Maps )

Loophole needs to be investigated, Cancer Council says

Cancer Council Queensland chief executive Chris McMillan said the exemptions to the laws have had unintended consequences.

"When you actually have an adjoining boundary to a premises that's either a residential or commercial premises, then the buffer zone really is ineffective," Ms McMillan said.

"I think it's a loophole that needs to be investigated by the Government.

"We're talking about the future health of our next generation, and when you've got young kids exposed to second-hand smoke, it's not a good thing."

The same exemptions apply in other locations where smoking is banned, including schools, hospitals and bus stops.

Ms McMillan said she had written to Queensland's Health Minister Steven Miles and Education Minister Grace Grace about the issue.

But Ms McMillan acknowledged the difficulty in restricting smoking on private land.

"It's private property and so you really can't go in and enforce things," Ms McMillan said.

"So we do urge people to actually have the conversation with their neighbours, if you've got an adjoining boundary, to really look at ways that you can minimise the risk."

Childcare centres and businesses need to find a solution

Mr Miles said Queensland had tough anti-smoking laws but they did not apply to private property.

"We know there is significant community support for bans which protect children and young people from exposure to harmful second-hand smoke," Mr Miles said.

"Where Queensland's anti-smoking legislation does not extend onto private property, I encourage early childcare education centres and business to work together towards a solution that benefits families in the area."

Edge Early Learning chief executive Annie Bryce said the centre had worked with the neighbouring business to move their smoking area.

"While that move satisfied the current exemption in the legislation, a better solution would be to ensure smoking is prohibited in areas that are occupied by, or are in proximity to, children and early learning centres altogether," Ms Bryce said.