As of 6 July 2015, New South Wales has woken up to new laws relating to smoking. These changes are a continuation of a process started by the New South Wales Government to make smoking illegal in locations, especially in and around areas of food consumption. The new laws will make it illegal to smoke at:-
• All commercial outdoor dining areas, including cafes and restaurants;
• Any marked or designated areas where food is consumed, especially pub balconies, food courts etc.;
• Within 4 metres of any pedestrian entrance or exit to a hospitality venue, including a café, restaurant or bar.
Fines for contravening the laws include a $300 for individuals and up to $5,500 for businesses.
If you operate commercial outdoor dining areas where purchased food is consumed (e.g. outdoor open areas located at an office), we would recommend that you undertake the following actions to comply with the new laws:
1. Ensure that “No Smoking” signage is displayed as soon as possible.
2. Remove all ashtrays from outdoor dining areas ASAP.
3. Communicate all requirements to your staff.
Attached is a brochure issued by New South Wales Health being a guide for smoke-free commercial outdoor dining areas.
If you have any queries or have obtained a fine, and or wish to have the legislation explained to you in further detail,
please do not hesitate to contact
Freedman & Gopalan Solicitors on 8917 8700.