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Position Statement

Smokefree outdoor dining and drinking and other public outdoor areas in Victoria

September 2014

Recommendations:

Quit Victoria, Cancer Council Victoria, the Heart Foundation (Victoria) and AMA Victoria recommend as a priority a statewide ban on smoking:

In outdoor dining and drinking areas

In addition, the group recommends statewide smoking bans in other outdoor areas, including: Within 4 metres of entrances to public buildings Within 4 metres of ventilation intakes Within 4 metres of transport stops (i.e. all tram stops and bus stops (not just raised platform tram stops

and undercover tram and bus shelters), NightRider bus stops, ferry wharfs and taxi ranks) At all sporting grounds and facilities At outdoor pedestrian malls (e.g. Bourke Street Mall) At all public events (e.g. cultural or music festivals and community events, including fetes) On the grounds of all hospital and health services

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1 Introduction Despite progress made in reducing smoking rates in Victoria, tobacco remains the leading avoidable cause of cancer and a leading cause of cardiovascular disease, killing 4,000 Victorians each year. The Victorian Government has made a range of recent reforms to the Tobacco Act 1987 between 2012-2014 banning smoking in outdoor areas across the state. However, there are opportunities for the Victorian Government to further protect all members of the public from the harmful effects of secondhand smoke and to reduce young people‟s exposure to role-modelling of smoking behaviour through the extension of smokefree legislation to outdoor dining and drinking areas, as well as in other public places. All Australian states and territories, with the exception of Victoria, have either implemented a smoking ban in outdoor dining areas (including liquor-licensed premises) or announced a date when they will implement a ban on smoking in outdoor dining areas. Quit Victoria, the Cancer Council Victoria, the Heart Foundation (Victoria) and AMA Victoria recommend amendments to the Tobacco Act 1987 (Vic) to prohibit smoking in outdoor dining and drinking areas and other public outdoor areas (Section 5).

2 The importance of smokefree areas Laws banning smoking in workplaces and other public places serve two primary purposes. Firstly, they help to protect the population against the ill health effects of secondhand smoke.(1) Secondly, they help to de-normalise smoking in a variety of contexts, such as in social situations.(1-4) Smokefree policies are also likely to decrease smoking cues for quitters and former smokers (5, 6) as well as decrease consumption among current smokers.(7-9)

2.1 Health effects of secondhand smoke exposure

Secondhand smoke may bring on acute health events like asthma, wheezing, nasal, throat and sinus

irritation.(10) Approximately two million Australians suffer from asthma. Asthma was the underlying cause in 416 deaths in Australia in 2010.(11)

Exposure to secondhand smoke increases the risk for chronic, and even fatal, health conditions that

include cardiovascular disease, heart disease, and lung cancer.(12)

The 2010 report of the US Surgeon General advised that even low levels of exposure to secondhand smoke can lead to an increased risk of cardiovascular disease and acute cardiac events.(12)

Children are particularly vulnerable to secondhand smoke due to their higher breathing rates per body

weight, greater lung surface relative to adults(13) and under some circumstances, an inability to remove themselves from a smoky environment.

The health effects in children from secondhand smoke exposure can include wheezing, lower respiratory tract infections, asthma, decreased lung function, middle ear disease and increased risk of sudden infant death syndrome.(13, 14)

Recent studies in outdoor dining and drinking areas indicate that secondhand smoke levels can exceed prescribed air quality standards.(15-19)

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2.2 Secondhand smoke exposure in outdoor dining and drinking areas

Secondhand smoke levels can exceed prescribed air quality standards in dining and drinking areas,

particularly when enclosure increases (i.e. roofs and walls), when the number of ignited cigarettes increase, when the measurement is taken nearby a smoker / smoking area, and when there is little wind movement.(15-19)

Outdoor smoke particles near active sources (ignited cigarettes) can, under certain conditions, reflect that of smoke particles in enclosed areas.(15)

Hospitality staff working a typical eight-hour shift in outdoor dining settings could plausibly be exposed to secondhand smoke levels that exceed the annual average benchmark of the Australian Environmental Protection Measure for Ambient Air Quality.(20)

2.3 De-normalising smoking

Young people‟s exposure to other smokers can lead to the uptake of adolescent smoking, as they

perceive that tobacco use is socially acceptable.(21, 22)

Children and young people underestimate the addictive nature of tobacco and are at risk of becoming addicted before being old enough to be fully informed about its harmful effects.(23)

Most people who smoke, start smoking before the age of 18. Young people who smoke are likely to

continue to do so for up to 25 years.(24)

Limiting tobacco use in public, reducing areas for opportunities to smoke and reshaping public opinion on smoking can all help to prevent smoking experimentation and smoking uptake among youth.(2-4, 25)

Social disapproval of smoking and changing norms can have a strong impact on quitting intentions and

behaviours within social groups of smokers. Groups of interconnected people quit smoking together, and the closer the person was to the smoker (i.e. a spouse) the greater the influence they have on the person quitting.(26)

In its systematic review of all the scientific evidence concerning the effectiveness of smokefree policies,

the World Health Organisation International Agency for Research on Cancer reported there was „strong‟ evidence that such policies reduce tobacco use among youth.(1)

A 2013 survey of Victorian adults (n=4001) found that 46% of smokers reported not smoking at all

around children and a further 39% reported smoking less than normal when around children. The most common reasons for not smoking or smoking less around children, were to protect children from secondhand smoke exposure (78.0%) and to set a good example (41.2%).(27)

3 Smokefree outdoor areas in practice: community support, impact on industry and enforcement Smoking bans at outdoor dining and drinking areas and other smokefree outdoor areas are well supported by Victorian‟s, as indicated in surveys conducted by Cancer Council Victoria. Feedback from café and restaurant owners in local government areas on the effects of outdoor smokefree trials have been positive, and reports from smokefree café owners in New South Wales and Queensland show that smoking bans have been „easy‟ to enforce.

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3.1 Community support for smokefree outdoor areas

Support for smokefree outdoor dining and drinking areas

Smokefree outdoor areas are strongly supported by the community. A 2013 Cancer Council Victoria survey found 74% of Victorian adults disapprove of smoking in outdoor dining areas. The survey also reported that 71% of Victorian adults thought smoking should be allowed within a designated outdoor smoking area of licensed bars, pubs and clubs, which is at least two metres away, or separated from other patrons.(27) Support for other smokefree outdoor areas Cancer Council Victoria surveys show Victorian adult‟s disapproval of smoking in other outdoor areas:

Uncovered areas of bus stops, tram stops and train stations – 67% (28) Within hospital grounds (84%) (29) Near building entrances (72%) (29) Outdoor areas where children are present (83%) (29) Between the flags at beaches (72%) (29)

A community call to ‘Keep Fresh Air Fresh’ In April / May 2013, an on-line survey conducted by Your Source, on behalf of Cancer Council Victoria, obtained responses from 574 Victorians aged 18+ on their views on outdoor smoke free areas. The results were as follows:

Smoke free laws help protect the public from the dangers of second hand smoke (85% agreed) People have the right not to be exposed to something that is hazardous to their health (85%) Smokers have a right to smoke but should do it in designated smoking areas (79%).

Specifically in relation to smokefree outdoor dining areas, responses were:

When smoking is allowed in areas where I‟m eating and drinking, it stops me from fully enjoying my meal (81%)

I‟d be more likely to go to outdoor drinking and dining areas if they were smoke free (65%). Following the results of the Your Source survey, the AMA, Asthma Foundation, National Heart Foundation (Vic) joined with the Cancer Council Victoria and Quit Victoria to launch a campaign called „Keep Fresh Air Fresh‟. The purpose of the campaign was to elicit further response to the Victorian Government‟s proposed bans to extend outdoor smoking bans to children‟s playgrounds, public swimming pools and sea baths, skate parks and sporting events. The group also advocated for an additional ban on smoking in outdoor drinking and dining areas. This resulted in over 6,800 Victorians making a submission to the government‟s consultation to request the proposed bans be extended to include a ban on smoking in outdoor drinking and dining areas. This number included more than 200 Victorian cancer specialists and 20 Victorian thoracic specialists.(30) Support in Local government areas Community support for outdoor smokefree areas has been seen at the local government level. In 2011, Baw Baw Shire Council became the first Victorian Council to implement smokefree policy in outdoor dining areas. An evaluation of the trial found that 70% of respondents felt their dining experience was more enjoyable since the introduction of smoke free alfresco dining areas. Data collected from businesses found that traders had a positive experience as a result of the ban – with the majority (82%) saying that there was either no difference, or an increase in customers to their business. Following the success of the trial, council voted unanimously in August 2012 to extend the smokefree policy and begin incorporating it into local laws.(31) Other local government areas have also received community support for their smokefree outdoor dining policies, such as Greater Shepparton City Council (at outdoor dining areas on public land) and Melbourne City Council (in the Causeway Laneway).

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3.2 Impact on industry

Downturns in hospitality trade may be cited in opposition to the implementation of smokefree policy, yet there is substantial evidence to show that loss of revenue (if any) is short-lived or never actually realised when a smokefree policy is introduced. A 2003 review of 100 economic studies assessing the impact of indoor smokefree law on trade found there was no impact, or no lasting negative impact on trade as a result of the bans.(32) In a systematic review of all the scientific evidence concerning the effectiveness of smokefree policies, the World Health Organization International Agency for Research on Cancer found that there was “sufficient” evidence (the highest category of scientific certainty) that such policies do not cause a decline in business.(1) A 2013 Cancer Council Victoria Survey found that slightly more than one in five Victorians (22%) stated that they would visit cafes or restaurants more often if a ban was enforced. A majority of Victorians (73%) reported that a ban on smoking in outdoor dining areas would make no difference to the frequency at which they visit cafes or restaurants. Five per cent of Victorians predicted that they would dine out less often after a ban.(27)

3.3 Enforcement of smokefree policy

Much of the literature reports that smokefree policies are largely „self-enforcing‟, which suggests there is little need to call on substantial additional resources for implementation and enforcement of smokefree policy. Strong community backing, signage, a communication strategy that explains expectations in relation to business and public behaviour and allowing adequate lead-in time for establishment of the law, are reported to be key to effectively introducing a new smokefree law. These elements help to establish a strong footing for the law to be mostly „self-enforcing‟. However, proactive enforcement by Government / city officials (e.g. premise inspections and penalties for infringements), particularly early in the implementation period, provides important backing to ensure these laws have their intended effect.(33) A 2010 survey of NSW café and owners / operators (n=450) reported that of the 143 operators that run a smokefree establishment, 85% require patrons to smoke off the premises and 91% of these establishments reported it was “easy” or “very easy” to enforce this rule.(34) In a 2007 review of Queensland smokefree laws, a 98% compliance rate was reported from over 1,000 inspections of Queensland smokefree outdoor dining and drinking areas.(35) In a population survey conducted as part of this review (n=500), eighty five per cent of respondents reported they had stopped smoking in all areas where it is illegal to smoke at all times.(36)

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4 Legislation

Smokefree outdoor dining legislation

4.1 Interpretation of the Tobacco Act 1987 (Vic) – Smokefree outdoor dining and drinking

In the Tobacco Act 1987 (Vic) (“the Act”), smoking is prohibited in enclosed licensed premises (enclosed is defined as "an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are: permanent or temporary; open or closed"). Smoking is additionally prohibited in an outdoor dining or drinking area if there is a "roof and walls in place" and "the total actual area of the wall surfaces exceeds 75% of the total notional wall area".

The Act defines an outdoor dining or drinking area (under section 3) as "any of the following outdoor areas that is predominantly used for the consumption of food or drinks or both - (a) a balcony or verandah; (b) a courtyard; (c) a rooftop; (d) a marquee; (e) a street or footpath; (f) any similar outdoor area".

Interpretation of these definitions in the Act can lead to „quasi‟ outdoor areas that are substantially enclosed by walls and overhead cover.

4.2 Smokefree outdoor dining legislation in Australian jurisdictions

Victoria remains the only jurisdiction in Australia yet to introduce, or announce a date when it will introduce, smoking bans in outdoor dining areas (including liquor-licensed premises). Each jurisdiction with bans affecting liquor-licensed premises has allowed an exemption for the owner / operator to designate a smoking area/s in the outdoor area of the liquor-licensed premises (subject to certain conditions). See Table 1 for an overview.

Table 1: Overview of smokefree outdoor dining and drinking legislation in Australian jurisdictions

Jurisdiction Outdoor dining Outdoor drinking Designated outdoor smoking

areas

Vic

Smoking is:

Prohibited only where an area has a roof AND walls in place and the wall area exceeds 75% of the total notional wall area (s 5C)

Permitted in all other outdoor drinking and dining areas (s 5A(2)(b)).

ACT

NSW From 6 July 2015 From 6 July 2015 From 6 July 2015

NT

Qld

SA From July 2016 From July 2016 From July 2016

Tas

WA

Smokefree outdoor areas legislation

4.3 Other public smokefree outdoor areas legislation in Australian jurisdictions

Smokefree outdoor areas legislation is common in other Australian jurisdictions. Recent changes to smokefree legislation in Victoria include, banning smoking between the flags at patrolled beaches (from 1 December 2012), at railway stations and raised tram platforms (from 1 March 2014); and at areas commonly populated by children: within 10 metres of children‟s playgrounds, at outdoor skate parks, at public swimming pools and within 10 metres of underage organised sporting events (from 1 April 2014).(38)

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For each of our recommended smokefree outdoor areas (Section 5), at least one other state or territory has a statewide ban in place. See Table 2 for an overview. Table 2: Overview of outdoor smokefree legislation in Australian jurisdictions

State / territory

Entrances to public

buildings

Ventilation intakes

Transport Sporting

grounds & facilities

Pedestrian malls

Public events Hospitals &

Health services*

Vic

At all train stations,

raised tram stops and at bus and tram

shelters

At underage organised sporting

events only

At underage

„music / dance‟ events only

ACT

NSW

bus stops, taxi rank, ferry wharf, light rail stations and stops, train

station

NT

Qld “major

sports facilities”

“local laws can prohibit”

SA

Tas

WA *Prohibited under Department policy, not prohibited under law

Table 2 shows smoking bans within entrances to public buildings have been enacted in New South Wales (within 4 metres) (39), Northern Territory (within 2 metres) (40), Queensland (within 4 metres) (41), and in Tasmania (within 3 metres) (42). In Northern Territory (43) and Tasmania (44) smoking is banned within three metres and ten metres of ventilation intakes, respectively. Comprehensive smoking bans at public transport stations and stops exist in New South Wales (at bus stops, taxi ranks, ferry wharfs, train and light rail stations) (39), and at bus stops and bus malls in Tasmania.(45) Smoking has also been banned at sporting grounds and facilities during games in both New South Wales(39) and Tasmania (46), with Queensland banning smoking at major sport stadia managed by the Major Sports Facilities Authority.(47) Tasmania has banned smoking at outdoor pedestrian malls and at public events declared smokefree by the Director.(48) Each jurisdiction, except Victoria, has a Department of Health directive banning smoking on health service or hospital grounds.(49-54) While smokefree legislation in Victoria may have fallen behind in recent years, if the recommendations in this position statement were adopted it would result in Victoria‟s smokefree bans being the most comprehensive in Australia.

4.4 Victorian local government outdoor smokefree dining and other public outdoor areas policy and legislation

Smokefree alfresco policies have been adopted in local government areas. In 2011, Baw Baw Shire became the first council to introduce a smokefree policy banning smoking in alfresco areas as part of their draft Smoke Free Outdoor Area Policy from 1 August 2011. See Section 3.1 of this document for information on the support of the trial among community and local business and results from the evaluation.(55) The City of Melbourne completed a six-month smokefree trial in March 2014 at the Causeway Lane (between Little Collins St and Bourke Street Mall). After receiving support from the majority of traders, visitors and residents surveyed in the review, the

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council announced the lane will be the City‟s first permanently smokefree outdoor dining area, with the next step to extend the trial to up to six additional smokefree locations across the municipality.(56) Following a 12-month trial, which ended on 30 June 2014, Greater Shepparton City Council voted to continue the smokefree ban on public land outdoor dining areas. A survey by the Heart Foundation (Victoria) and Quit Victoria found 57% of Victorian councils in 2012 had some form of outdoor smokefree policy, compared with 41% in 2011.(55, 57) While the number of Victorian councils adopting smokefree policies in outdoor areas increased over that twelve month period, the approach has been inconsistent across the state and fails to offer comprehensive protection to all members of the public, particularly in areas where secondhand smoke concentrations are high.(15, 55) In addition to the inconsistent approach to smokefree outdoor areas across the state, councils face challenges in adopting smokefree policies due to enforcement issues and lack of resources.(55) Statewide legislation is needed to provide a consistent approach across Victoria and to help reduce the public‟s exposure to secondhand smoke and modelling of smoking behaviour.(1-4)

5 Recommendations The recommendations in this position statement have been developed with a focus on affording protection to all Victorians from exposure to secondhand smoke and role-modelling of smoking behaviour in particular outdoor settings. The rational for the recommendations is to apply comprehensive smokefree policies in outdoor settings where people commonly congregate and where children are likely to accompany adults. Our approach has been developed to recognise the importance of providing smokefree environments for children and adults alike. We do not believe that application or enforcement of the policy be contingent on children being present or only at times children‟s activities are taking place (e.g. at a facility where children‟s sporting games are taking place, or between hours in a setting when children are likely to be present). Comprehensive smokefree policies also ensure ease of implementation and consistency in enforcement. Quit Victoria, the Cancer Council Victoria, the Heart Foundation (Victoria), and AMA Victoria recommend as a priority a statewide ban on smoking at:

Outdoor dining and drinking areas* In addition, the group recommends statewide smoking bans in other outdoor areas, including:

Within 4 metres of entrances to public buildings Within 4 metres of ventilation intakes Within 4 metres of transport stops (i.e. all tram stops and bus stops (not just raised platform tram stops

and undercover tram and bus shelters), NightRider bus stops, ferry wharfs and taxi ranks) At all sporting grounds and facilities At outdoor pedestrian malls (e.g. Bourke Street Mall) At all public events (e.g. cultural or music festivals and community events, including fetes) On the grounds of all hospitals and health services

* Appendix B provides background information specific to smokefree outdoor dining and drinking. It addresses secondhand smoke exposure in outdoor dining and drinking areas, the economic impacts of smokefree policy and makes recommendations on the definition of smokefree outdoor dining and drinking. It also outlines requirements for holders of certain categories of liquor licence in relation to smokefree outdoor dining or drinking.

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6 Appendix A Smokefree legislation in Australia jurisdictions

Table 3 Outdoor dining and drinking legislation in Australian jurisdictions

Vic ACT NSW NT Qld SA Tas WA

Tobacco Act 1987 (Vic) Smoke Free Public

Places Act 2003 (ACT)

Smoke Free Environment Act 2000

(NSW)

Tobacco Control Act (NT)

Tobacco and Other Smoking Products Act

1998 (QLD)

Tobacco Products Regulation Act 1997

(SA)

Public Health Act 1997 (Tas)

Tobacco Products Control Act 2006 (WA)

Prohibited only where an area has a roof AND walls in place and the wall area exceeds 75% of the total notional wall area (s 5C) Permitted in all other outdoor drinking and dining areas (s 5A(2)(b)).

Prohibited in an “Outdoor eating and drinking place” (ss 9B-9D) which means: = a public place (as above); AND = licensed OR tables and chairs provided for service of food and drink; AND = during periods where food or drink is being offered or provided, consumed or cleared (s 9A) Exceptions: for “designated outdoor smoking areas” (see below).

From 6 July 2015 - Prohibited in “Commercial Outdoor Dining Area” (ss 4A, 6A (j)) which includes all of the following: = a seated dining area: an area with seating and where food purchased and served on plates or packaged for immediate consumption is consumed - but only while food is being consumed/ available for purchase and consumption. = within 4 metres of a seated dining area on licensed premises or at a restaurant. = within 10 metres of a place at a food fair where food is sold or supplied for consumption. Exceptions: for designated areas (see below).

Prohibited in an “Outdoor eating and drinking area (s 7(1)(l)): = outdoor public place provided for the consumption of food or drink; AND = a person would reasonably expect to be able to consume food or drink; OR = the area is fenced; AND = during periods where food or drink is available or being provided (s 5B). Exceptions: = private residence = playing field during sport activities = car parks, boat ramps & driveways =area 5 acres + and separated from food service =designated outdoor smoking areas (see below).

Prohibited in an “outdoor eating or drinking place” (s26W, 26X): = non-residential, licenced outdoor area; AND = people can consume food or drink that is provided; AND = a person would reasonably expect to be able to consume food or drink; OR = the area is fenced; AND = during periods where food or drink is available or being provided or consumed (s 26W).

Prohibited only where an area that is at least partially covered by a ceiling AND has walls in place and the total area of the ceiling and wall surfaces exceeds 70% of the total notional wall area.

Prohibited in an “outdoor dining area” (s 67B(1)(k): = Premises: licensed premises, restaurant, café, snack bar, takeaway food shop; AND = tables or seating; AND = used to consume solid food (ie, during periods where food is consumed) (s 67B(1)(k) Exception: for “outdoor smoking areas” (see below). Also Prohibited: within 3 metres of an outdoor dining area. Exception: The three-metre buffer zone is not needed where barrier at least 2.1 metres high and impervious to smoke is erected (s 67B(1)(m)).

Prohibited in an “outdoor eating area” (s 107B(4)): Place provided on a commercial basis, as an area where food or drink may be consumed by people sitting at tables. Exception: for smoking zones (see below).

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Table 4 Designated outdoor smoking area legislation in Australian jurisdictions

Vic ACT NSW NT Qld SA Tas WA

Tobacco Act 1987 (Vic) Smoke Free Public

Places Act 2003 (ACT)

Smoke Free Environment Act 2000

(NSW)

Tobacco Control Act (NT)

Tobacco and Other Smoking Products Act

1998 (QLD)

Tobacco Products Regulation Act 1997

(SA)

Public Health Act 1997 (Tas)

Tobacco Products Control Act 2006 (WA)

Permitted in “Designated

Outdoor Smoking Areas”,

which can only be created

for areas that are liquor

licensed premises

primarily used to sell liquor

for consumption on the

premises,

for up to 50% of the

outdoor area (or any part

of an area that is adjacent

to and solely accessible

from a gaming machine

area (s 9F).

Occupiers must take

reasonable steps to

ensure that smoke does

not penetrate smoke free

areas (s 8A, 9. See

„smoke drift‟ in enclosed

spaces table).

Conditions:

= smoking management

plan required (s 9J)

= no under 18 access;

= no service of food and

drink

= no food consumption

= no entertainment

= no gaming machines

(s 9H).

Permitted in areas within

licensed premises and

restaurants that are

designated as not being

for the consumption of

food by the display of

signs compliant with the

regulations (s 4A(4)).

Designated smoking areas

cannot be within 4 metres

of a seated dining area

and occupiers must take

reasonable steps to

ensure that eating does

not occur in the area. (ss

4A(1)(b), 4A(5)).

Other relevant

obligations:

Occupiers must take

reasonable steps to

ensure that smoke does

not penetrate smoke free

areas (s 10. See „smoke

drift‟ in enclosed spaces

table).

Permitted in designated

“outdoor smoking areas”

of liquor licenced

premises, which can

comprise up to 50% of the

total outdoor eating and

drinking area (r 11(1),

15B).

Conditions:

= clear delineation and

signage

= food (other than pre-

packaged) cannot be

consumed.

= buffers along parameter

= no live entertainment

(TV and music player ok)

= smokefree areas of

equal amenity

= smoking management

plan required (r 15B(3)).

Permitted in “designated

outdoor smoking areas” of

liquor licenced premises

holding one of the

following licences: =

commercial hotel,

= community club, or

= commercial special

facility (containing all or

part of a casino) (ss

26X(2), 26ZA)).

DOSAs can comprise up

to 50% of the whole

licenced outdoor area and

must have buffers on

perimeter when adjacent

to other outdoor area

accessible by patrons.

Conditions:

= no food or drink service

= no food consumption

= no entertainment

= no gaming machines

= smoking management

plan required (s 26ZB)

N/A

Permitted in “outdoor

smoking area” (s

67B(2)(d)):

=liquor licenced

premises OR outdoor

dining area provided;

AND

=no service of

beverages, or other food;

AND

= no roof OR has a roof

and a perimeter where

not more than 50% of the

perimeter consists of walls

and windows (whether

open or closed); OR

= is of a class

determined to be an

“open area” (by notice in

the Government Gazette;

OR

= is determined on

application to be an open

area (s 3A).

Permitted in “smoking

zones” (s 107B(1)): ±

= liquor licenced

premises; AND

= Restaurant licence

does not apply; AND

= outdoor eating area

= total smoking area

does not exceed 50% of

the total outdoor eating

area to which a restaurant

licence does not apply

(107B(4)).

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Table 5 Summary of recommended outdoor smokefree legislation in Victoria, currently enacted in other Australian jurisdictions

State / territory

Entrances to public buildings Ventilation intakes Transport Sporting grounds & facilities Pedestrian malls Public events Hospitals &

Health services*

Vic

ACT

NSW

Prohibited within 4 metres of a “pedestrian access point”, which includes any building entrance or exit except for buildings or entrances/exits used only for residential purposes and emergency exits locked to entry (s 6A).

bus stops, taxi rank, ferry wharf, light rail stations and stops, train station

Prohibited in an area set aside or being used by spectators to watch an organised sporting event but only when it is being held there (s 6A(1)(c)).

NT

Prohibited within 2 metres of a door, window or other opening that opens into or onto an “enclosed public area” or an “enclosed workplace area” (s 7(1)(i)).

Prohibited within 3 metres of an indoor or outdoor air conditioning inlet through which air is directed into a smoke-free area, other than an air-conditioning inlet that draws air from an exempt area (s 7(1)(j)).

Qld

Prohibited within 4 metres of an entrance to an “enclosed place”, without reasonable excuse (s26ZJ).

Prohibited in “major sports facilities” (s 26ZD). Relevant facilities are listed in r 2 of the Major Sports Facilities Regulation 2002 (Qld).

Local laws can prohibit smoking (s26ZPB).

SA

Tas

Prohibited within 3 metres of an entrance or exit from any “non-domestic” building, and from buildings that are used for both domestic and non-domestic purposes (s 67B(1)(e)).

Prohibited within 10 metres of any air intake for ventilation equipment in non-domestic buildings, and buildings used for both domestic and non-domestic purposes (s 67B(1)(f)).

Prohibited during an organised sporting event within 20 metres of = seating (permanent or temporary); OR = seating, marshalling area, warm up area, podium or other area reserved for the use of competitors or officials; OR = an part used to conduct actual event (s 67B(1)(d)).

Prohibited in public streets declared in the regulations to be a pedestrian mall (s 67B(1)(m)).

anywhere that the Director, by public notice,

designates as a smoke-free area in connection with a

public event or class of public

events specified in that public notice (s

67B(1)(j))

WA

*Prohibited under Department policy, not prohibited under law

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7 Appendix B Suggested definition – smokefree dining and drinking

Prohibit smoking in

In any outdoor dining or drinking area/s where food or beverages are served and/or consumed as part of a business

An exemption for a Designated Outdoor Smoking Area (DOSA) could be granted only under the following circumstances to holders of one of the following categories of liquor licence:

1) Club licence

2) General licence

3) On premises licence

The following would be recommended as mandatory in the establishment of a DOSA:

(i) No children permitted in the designated outdoor smoking area;

(ii) No service or consumption of food (including pre-packaged snack foods) and no bar service at any time in the designated outdoor smoking area;

(iii) No entertainment (e.g. live music, gaming machines, television screens) in the designated outdoor smoking area;

(iv) The designated outdoor smoking area should not exceed 50% of the entire outdoor area and consideration should be given to phasing out designated outdoor smoking areas (i.e. eventually 100% smokefree outdoor area) to minimise exposure to secondhand smoke and ensure as much protection as possible for hospitality staff and patrons.

(v) The smokefree outdoor area should be separated from the designated outdoor smoking area by a smoke impervious wall.

Note: Most Australian states and territories have provided the option of 2-metre wide “buffer zones” which separate designated smoking areas from no-smoking areas. However a smoke-impervious wall is likely to offer more substantial protection to staff and patrons by impeding airflow or smoke-drift into no-smoking areas. An impervious wall also more clearly delineates the smoking and no-smoking areas.

(vi) Specifications should be made in terms of the composition of the smoke impervious wall e.g. the wall must be impervious to smoke (no lattice or shrubbery). The height at least 2.1 metres high (based on average adult breathing height of generally 1.5 metres) and calculated from the highest point of the floor / ground. A single entry/exit point to the DOSA should also be specified, with the entry / exit point being no wider than 1 metre.

(vii) The designated smoking area should not be adjacent to an entry / exit to the enclosed area of the premises.

Note: Consideration should also be given to requiring these premises to maintain a Smoking Management Plan for the purpose of supporting compliance and enforcement.

The Plan would detail the specifications of the designated outdoor smoking (e.g. size, location), specifications of smoke impervious walls / barriers between smoking and non-smoking areas, and outline the approach the premises has taken to ensure secondhand smoke exposure to staff and patrons is minimised (e.g. through staff education on what is permitted / not permitted in designated smoking area and strategies to respond to non-compliance).

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