Smoke-free Outdoor Dining On Its Way

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From 6 July 2015, all commercial outdoor dining areas in NSW, including hotels, clubs, restaurants and cafes will be smoke-free, under the Smoke-free Environment Act 2000.

This means staff and patrons of hotels, clubs, restaurants and cafes will be able to work and dine outdoors without being exposed to harmful second-hand tobacco smoke.

SWSLHD Public Health Unit Director Dr Stephen Conaty said NSW Health is working closely with local businesses to help them get ready for smoke-free outdoor dining.

“There is strong public support for making outdoor dining areas smoke-free and a number of businesses have already voluntarily banned smoking in their outdoor dining areas, with positive results,” Dr Conaty said.

Dr Conaty said the legislation applied to all ignited smoking products, including cigarettes, cigars, pipes and water-pipes.

“Under the Smoke-free Environment Act 2000, smoking will be banned in seated outdoor dining areas while food is being served, with NSW Health Authorised Inspectors able to issue on the spot fines of $300 for individuals and penalties of up to $5500 for occupiers who ignore the ban.


“Since the beginning of 2013, smoking has been banned in a number of outdoor public places including all NSW public transport stops and stations, within 10m of children’s playgrounds, at spectator areas of sporting grounds, at public swimming pools and within 4m of a pedestrian entrance to or exit from a public building, under the Smoke-free Environment Act 2000,” Dr Conaty said.

A public notice campaign about smoke-free outdoor dining will start in May.

Businesses can register on for updates about smoke-free
outdoor dining and to order free materials including an industry guide and mandatory outdoor ‘no smoking’ signage.

For further information regarding NSW Health smoke-free legislation, including smoke-free outdoor dining, please call the Tobacco Information Line on 1800 357 412 or visit

For information on how to quit smoking, visit or call the Quitline on 13 78 48.