From 1st August 2017, under the Tobacco Act 1987, smoking will be banned from outdoor dining areas.
What is an outdoor dining area?
This is an outdoor area that you permit to be used for the consumption of food. This means food is actually being eaten or is available for purchase and to be eaten in the area.
Footpath dining, courtyards, beer gardens, balconies that are attached to your hotel are all examples of outdoor dining areas.
What are snacks, drinks and food defined as?
For the purpose of these reforms, food does not include snacks and drinks. A snack is defined as a pre-packaged shelf stable, sealed in a container or package in the way the manufacturer intended to sell it. A snack does not require any preparation prior to it being served.
Pre-packaged potato chips, nuts, chocolate bars, uncut and unpeeled fruit are defined as snacks.
Drinks include alcoholic and non-alcoholic beverages such as coffee.
How can outdoor dining and outdoor drinking areas be separated?
An outdoor drinking area, where smoking is permitted, in accordance with the law must be separated from an outdoor dining area by either:
- A 4-metre buffer zone, or
- A wall at least 2.1 metres high (this could be a café style plastic blind)
What are my options?
- Permanent outdoor dining (no smoking permitted)
- Time-limited outdoor dining (for example food is permitted between 12-2pm and 6-9pm and therefore no smoking is permitted during those times)
- Separate your outdoor dining and outdoor drinking areas as described above
- Go totally smoke free across your entire outdoor space
What signage do I need to display?
You must display acceptable ‘No smoking’ signage to indicate smoke free areas. Customers must be able to see these signs when entering or are in an outdoor dining area. Signs are available free of charge at www.health.vic.gov.au/tobaccoreforms
Who will enforce these new laws?
There will be inspectors operating under the act whose first priority will be making sure both hotels and customers understand the new bans. Both the smoker and the operator of the hotel can be fined for failing to comply with the ban.
Where can I go for further information?
Further information and resources including signage, guidelines, posters, brochures and fact sheets can be found at www.health.vic.gov.au/tobaccoreformsor you can call the Tobacco Information Line on 1300 136 775.
Of course the AHA (Vic) team can also assist you by calling 9654 7100.
Cheers
Kimberley Malcolm
Manager Member Services