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Information on enclosed areas in liquor licensed premises. Includes frequently asked questions and formulas to determine if you comply
Smoking is not permitted in outdoor areas (such as verandas or courtyards) if the area is more than 70% enclosed. This applies to restaurants, cafes, car parks and other workplaces. This also applies to the use of e-cigarettes in an enclosed area.
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 (includes plastic blinds, shade sails and umbrellas) and wall surface exceeds 70% of the total ceiling/wall area.
An area without a ceiling/roof is not considered enclosed.
To be unenclosed, at least 30% of the area must be open and allow the free flow of air. To work out whether an area is enclosed, you need to compare the Total Open Area with the Total Notional Surface Area.
For examples see the Important Information for all licensed premises (PDF 1131KB).
As layouts in each establishment are different you might wish to seek advice from an architect when calculating the area of your space.
State Government Environmental Health Officers can provide advice on how to assess if an outdoor structure is enclosed or unenclosed. Businesses should be aware that the Officer's opinions may not be the final assessment of the Government or a court of law and businesses are encouraged to seek their own independent advice if they are unsure if an existing or proposed structure complies with the legislation.
Blinds or other moveable or openable structures used to weatherproof outdoor areas may be considered to enclose an area depending on their use. Where blinds or other structures are open, smoking is permitted if their opening results in the area being less than 70% enclosed. Closed blinds or other structures are considered the same as walls and where they enclose more than 70% of the area, smoking is not permitted.
If an area has awnings or only small openings in the wall so that less than 30% of the area is open, then it will be considered to be enclosed. Rolling up the awnings may make the area unenclosed (at least 30% of the area
There are a number of things you can do to ensure your restaurant or cafe complies:
Both employer and the person smoking can be fined. The maximum fines are:
For further information on the tobacco laws, e-mail: email@example.com