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:
- fact sheet (PDF 68KB)
- Guidelines for venues (PDF 400KB)
- leaflet (PDF 120KB)
- posters, selected posters are available in languages other than English
- no smoking knife and fork image (JPG 1193KB)
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.
For further information contact SA Health's Health Protection Operations by:
- Email: HealthProtectionOperations@health.sa.gov.au
- Telephone: (08) 8226 7100.
Posters to help implementing the new laws
Two posters are currently available for businesses to help implement the new laws.
Poster 1 is available in the following languages:
- English (PDF 60KB)
- Arabic (PDF 130KB)
- Chinese - Mandarin (PDF 158KB)
- Greek (PDF 101KB)
- Italian (PDF 89KB)
- Khmer (PDF 129KB)
- Korean (PDF 182KB)
- Spanish (PDF 90KB)
- Tagalog - Filipino (PDF 89KB)
- Vietnamese (PDF 106KB)
Poster 2 is available in: