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Tobacco laws for outdoor dining areas

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

Smoking is banned in outdoor dining areas in South Australia under section 52 of the Tobacco and E-Cigarette Products Act 1997.  This includes outdoor dining areas at venues such as pubs, cafes, restaurants, fast food outlets and temporary eateries at events.

As of 31 March 2019, the use of e-cigarettes in outdoor dining areas is also banned. For more information go to the Smoking, the rules and regulations page.

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 law:

Penalties for non-compliance

Maximum fines of:

  • $750 for individuals smoking in an outdoor dining area
  • $2500 for an occupier of a business when smoking occurs in an outdoor dining area.

Further information

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

 

 

Posters to help implementing the new laws

Two posters are available for businesses. 

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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