Tobacco laws for outdoor dining areas
Note that, from 31 March 2019, changes to the Tobacco Products Regulation Act 1997 will commence. For more information go to the Smoking, the rules and regulations page.
There is a very high level of public support for smoking-free outdoor dining in South Australia.
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.
From 31 March 2019, the use of e-cigarettes in outdoor dining areas is also banned.
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. 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)
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 businesswhen smoking occurs in an outdoor dining area.
For further information contact SA Health's Health Protection Operations by:
- Email: HealthProtectionOperations@sa.gov.au
- Telephone: (08) 8226 7100.
Posters to help implementing the new laws
Two posters are available for businesses.
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: