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Tobacco laws for outdoor dining areas

From 1 July 2016, smoking is banned in outdoor dining areas in South Australia under section 52 of the Tobacco Products Regulation Act 1997. This includes outdoor dining areas at venues such as pubs, cafes, restaurants, fast food outlets and temporary eateries at events.

The new regulations can be found on pages 3948 to 3950 of The South Australian Government Gazette Number 51, 27 August 2015

What is a public outdoor dining area?

Under the regulations, an outdoor dining area means an unenclosed public area in which tables, or tables and chairs, are permanently or temporarily provided for the purpose of public dining.

What does it mean for my business?

If you have an outdoor area where food is offered or provided for consumption in the area, that area must be smoke-free from 1 July 2016. No smoking signage must be displayed in such numbers and positions of prominence that they are likely to be seen by people within the area.

Refer to the following to assist you in complying with the new law:

In May 2016, a media campaign occur to advise the public about the new law will commence in May 2016.

Penalties for non-compliance

Penalties for non-compliance will apply. Maximum fines of:

  • $200 for individuals smoking in an outdoor dining area
  • $1250 for an occupier of a business when smoking occurs in an outdoor dining area.

Why the laws are changing

The new law is designed to protect the community from the harms of second hand tobacco smoke and increase the comfort and enjoyment of non-smokers dining in outdoor areas.  

There is a very high level of public support in South Australia for smoke-free outdoor dining.

Further information

For further information contact SA Health's Health Protection Operations by: 

 

 

Posters to help implementing the new laws

Two posters are currently available for businesses to help implement the new laws. 

Public outdoor dining areas are smoke-free from 1 July 2016Poster 1 is available in the following languages:

Public outdoor dining areas are smoke-free from 1 July 2016Poster 2 is available in:

 

 

 

 

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