Outdoor dining and drinking areas are treated differently from enclosed workplaces. Smoking is permitted in outdoor dining or drinking areas in Victoria unless the area has a roof and walls in place, and the total surface area of the walls is more than 75 per cent of the total notional wall area. An outdoor dining or drinking area includes a balcony, verandah, courtyard, rooftop, marquee, street, footpath or any similar outdoor area. The smoking status of outdoor dining and drinking areas may change depending on the position of the walls and roof. For example, if the walls of a marquee are retracted smoking may be permitted, whereas if they are closed smoking may be banned.
lxxx See section 3F of the Tobacco Act 1987 (as inserted by section 6 of the Tobacco Amendment Act 2016). Also see sections 5EA and 5EB of the Tobacco Act 1987 (as inserted by section 7 of the Tobacco Amendment Act 2016).
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Most of these laws came into operation on 7 January 2013; however the ban on smoking in commercial outdoor dining areas did not come into effect until 6 July 2015. In addition, the 4 metre law did not apply to licensed premises and restaurants until 6 July 2015.
Figure 15.7.1 Smokefree car education campaign from South Australia
Liquor licensed premises that hold a general or club licence can designate an outdoor smoking area (DOSA) where only smoking and drinking can occur. Patrons can order their drinks in a different area then take them into the DOSA and smoke and drink there. A DOSA can be made comfortable for patrons through the use of furniture, lighting or heating, but no form of entertainment may be provided. A number of rules must also be followed, including:
The following areas must be smokefree in Tasmania:
If a licensed premise chooses to have a DOSA, a smoking management plan must be prepared. The premise must display a sign in or near the DOSA stating that the plan is available for perusal on request. The plan must:
These new laws apply across Victoria from 1 August 2017.
Under Queensland legislation, an area is 'enclosed' if it has a ceiling or roof, and except for doors and passageways, is completely or substantially enclosed. An outdoor area is an area that does not meet the definition of 'enclosed'. Queensland Health advises that when making a decision about whether an area is an outdoor area or an enclosed area the following questions should be considered:
In Victoria, smoking has been banned in the following outdoor areas:
As noted further above, from 1 July 2006 outdoor eating or drinking places in Queensland were also declared smokefree. An outdoor eating or drinking place is defined as any unenclosed area where customers may consume food or drink provided by an on-site food service. An outdoor smoking area can be provided as long as no food or drink sold by the on-site food service is provided or consumed in the area, and the area is not within 5 metres of a public building entrance. Pubs, clubs and casinos may designate up to 50 per cent of the licensed outdoor area of their premises as a designated outdoor smoking area.