Tobacco Laws 1 July 2007 – Summary of Changes
#4070962v2 Fact Sheet Tobacco Laws 1 July 2007 Licensed Premises Outdoor Dining and Drinking Areas 07/07
From 1 July 2007 all enclosed licensed premises and some outdoor dining or drinking areas are required to be smoke-free. These new laws have been introduced in addition to the smoke free dining laws for restaurants, cafes and take-away premises that came into effect in July 2001.
Why is there a new law?
These new smoking bans aim to protect the Victorian community and those working in the hospitality sector from the negative effects of exposure to second hand smoke.
The elimination of smoking in indoor spaces protects non-smokers from exposure to second hand tobacco smoke. Smoking bans in licensed premises can also help to reduce the amount people smoke and increase their chance of quitting.
What does ‘enclosed’ licensed premises mean?
The term ‘enclosed’ means an area, room or premises that is substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are permanent or temporary or if they are open or closed.
The smokefree status of an enclosed licensed premises will not change even when large windows or doors are open.
Staff are not allowed to smoke in staff rooms, toilets, car parks or other non-public areas.
Staff are also not allowed to smoke in any dining or drinking areas after business hours.
Are any premises exempt?
Exemptions only apply to an area in the Casino that is a high roller room.
Outdoor Dining/Drinking Areas
The new laws will also affect the outdoor dining or drinking areas of both licensed and non-licensed premises.
Smoking is prohibited in outdoor dining or drinking areas where the area has a roof in place and the total actual area of the wall surfaces exceeds 75% of the total wall area.
Outdoor dining or drinking areas include balconies or verandas, courtyards, rooftops, marquees, footpaths or any similar outdoor area that is predominantly used for the consumption of food and/or drinks.
These areas are typically operated by restaurants, cafes, pubs and clubs. However an area does not have to be part of a licensed premises to be considered an outdoor dining or drinking area.
Roofs/Walls
A roof or wall includes any structure or device (whether fixed or movable) that prevents or significantly impedes airflow.
The roofs/walls do not need to be continuous – they may have gaps and openings and include doors and windows. They can also be made out of any materials (including plastic and canvas).
If an outdoor dining or drinking area has no roof, smoking is permitted regardless of wall coverage.
The smoking status of an outdoor dining or drinking area can change, depending on the position of the roof and walls. In a situation where there is a roof and wall awnings, and the awnings are retracted then smoking is permitted. If the awnings are drawn then smoking is not permitted.
If an outdoor dining and drinking area sits within a roofline of a building smoking may be permitted if there is at least a 25% opening in the wall area to the outside air.
How can I create an Outdoor Dining/Drinking area?
If you are planning to establish an outdoor smoking area in an outdoor space which has not previously been used for dining and drinking, you will need to check with Council to ensure your planning permit allows for this space to be used for this purpose.
No Smoking Signage
The occupier of an enclosed licensed premises or an outdoor dining or drinking area where smoking is not permitted must clearly display acceptable No Smoking signs.
The signage must be displayed at all times so that a person is reasonably likely to see one or more of the signs on entering the premises or area.
In an outdoor dining or drinking area when the smoking status may change, signs are only to be displayed while that area is required to be smoke-free.
The No Smoking signs displayed must have a ‘No Smoking’ symbol in the form of a circle and a diagonal line printed in red over a depiction of a cigarette and smoke printed in black. The symbol must be at least 70mm in height. The phrase ‘no smoking’ or ‘smoking prohibited’ must be included and the lettering must be at least 20mm in height.
Who’s Responsible?
The occupier of the premise or area is responsible for breaches of the smoke-free law at their premises. The occupier breaches the law if they allow smoking in a smoke-free premises or area and/or if they fail to display acceptable No Smoking signs.
If a person smokes the occupier should ask the person to stop smoking, inform that person that it is an offence to smoke in the premises or areas or ask the person to temporarily leave the smoke-free area if they wish to smoke.
If a customer refuses to stop smoking the occupier should follow the same policy generally followed if a person exhibits antisocial or illegal behaviour.
Penalties
If a person smokes in an enclosed licensed premises, or an outdoor dining or drinking area that is required to be smoke free, the person who smokes may receive a fine or be prosecuted, as may the person in control of the premises at the time (the ‘occupier’).
If someone does smoke inside a licensed premises both the person smoking and the person in charge of the venue may be liable to receive an on the spot fine of $110 with a maximum penalty of $550 if prosecuted. The occupier can also receive a fine for not displaying ‘No Smoking’ signage.
The tobacco laws are enforced by Local Council Environmental Health Officers or any officer authorised by the Department of Human Services.
Cigarette Butt Litter
The Environment Protection Act 1970 provides for offences relating to littering by individuals. This Act covers both private and public property and can be enforced by a range of agencies including Councils, EPA Victoria and the Victoria Police.
To protect yourself from a fine, notice or prosecution you will need to consider litter prevention in and around your premises. Refer to our Cigarette Butt Disposal Fact Sheet.
For more information regarding cigarette butt litter and the law go to www.epa.vic.gov.au (EPA Victoria).
For more information regarding litter management visit www.litter.vic.gov.au (Victorian Litter Action Alliance).
For a list of butt bin suppliers visit the Butt Littering Trust or contact (03) 8907 8222
For further information on the Tobacco Laws please contact the Department of Human Services Tobacco Information Line on 1300 136 775 or visit the website at www.health.vic.gov.au/tobaccoreforms
Information is also available by contacting your Environmental Health Officer on 9658 8831 / 8815
Source: “Smoke-free guide: Licensed premises and outdoor dining or drinking areas from 1 July 2007” Department of Human Services, 2007 “
#4070962v2 Fact Sheet Tobacco Laws 1 July 2007 Licensed Premises Outdoor Dining and Drinking Areas 07/07