From 2006, it has been an offence to smoke in an enclosed workplace and from 2007 that prohibition extended to licensed premises and outdoor dining or drinking areas where there was a roof in place and walls that cover more than 75% of the total notional wall area.
From 1 August 2017, smoking will be banned:
- in outdoor areas at hospitality and food venues used for eating food. This includes footpath dining areas, courtyards and beer gardens during times food is being eaten, or is available to be eaten
- in all outdoor areas at food fairs. A food fair is an event where the principal activity is the supply of food for consumption at the event
- within 10 metres of a food stall or food vendor at organised outdoor event (other than a food fair).
To complement smoke-free outdoor dining, smoking is banned in an outdoor drinking area if any part of that area is within 4 metres of an outdoor dining area, unless separated by a wall of at least 2.1 metres high. This means the two areas can be separated by either:
- a 4 metre buffer zone; or
- a wall of at least 2.1 metres high.
If the separation requirement is not met, smoking is banned in an outdoor drinking area. This law applies to the same venue as well as to neighbouring venues.
The following resources explain the new laws for clubs and how to comply:
Obtaining ‘No smoking’ Signage
Venues must display acceptable ‘No smoking’ signage to indicate smoke-free areas. Signs can be ordered free of charge from this link.
Places E-Cigarettes Cannot Be Used
E-cigarettes cannot be used in smoke-free areas under the Tobacco Act 1987 including:
- enclosed workplaces
- outdoor dining areas
- within 10 metres of outdoor children’s playground equipment, skate parts and underage sporting events
- within 4 metres of entrances to, and within the grounds of, childcare centres, preschools and schools
- within 4 metres of entrances to public hospitals and Victorian Government buildings such as Victorian Government departments and courts.
To clarify any related information please call the Tobacco Information Line
Department of Health & Human Services
Tel: 1300 136 775