Smoke-free enclosed public areas

Smoking is banned in all enclosed or indoor public places, shared areas and workplaces. Banning smoking in enclosed public areas protects the community from the harmful effects of passive smoking.

An area is enclosed if it is fully or partially enclosed by a ceiling/roof and walls such that the combined area of the ceiling and the wall surface exceeds 70% of the total ceiling/wall space.

Materials such as shade sails, umbrellas, shade cloth, lattice and louvers are all considered to enclose as area as they restrict airflow.

A public place or public area is something that is open to, or used by the public, whether access is unrestricted or subject to payment of money, membership of a body or otherwise. For example, the following enclosed public places must be smoke-free:

  • shopping malls
  • hospitality venues including pubs, clubs, restaurants, cafes and the casino
  • enclosed sports or recreation areas
  • other enclosed workplaces.

In some residential facilities, for example units and hostels, there are areas that are used by all tenants, these are considered shared areas. For example, the following enclosed shared areas must be smoke-free:

  • enclosed stairwells, car parks, foyers or corridors
  • laundries, kitchens or common rooms.

People cannot smoke within 10 metre of the public entranceway to business and shopping centres.

The Tobacco and E-Cigarette Products Act 1997 regulates e-cigarettes in the same manner as tobacco. Therefore, smoke-free outdoor dining areas are also free from e-cigarette use.

To inform the public and to reduce the likelihood of non-compliance and associated penalties for premises and the public, owners and operators should display no-smoking signage to indicate where smoking is not permitted.

If the premises is a private residence, for example a hostel or nursing home, and does not have a smoke-free policy, it may be possible to smoke in some areas, such as in a bedroom, provided the area is not a shared area. Duty of care and the Work Health and Safety Act 2011 are some of the things to consider when permitting smoking in private areas.

Authorised officers under the Tobacco Products Regulation Act 1997 are responsible for enforcing this law.

If smoking occurs in an outdoor dining area in contravention of the Act, the occupier of the premises and the person smoking can be fined. See the Tobacco and E-Cigarette Products Act 1997 and the Tobacco and E-Cigarette Products Regulations 2019 for further details on the penalties that may apply.

You should first notify your concern to a staff member at the venue. You can also report a complaint or suspected breach to SA Health.

For more information

For more information on smoke-free legislation, email health.hprsmokefreecompliance@sa.gov.au