Smokefree outdoor eating areas

Smoking is prohibited in outdoor eating areas in Western Australia

Smoking restrictions prohibit (ban) smoking in outdoor eating areas unless you are in a smoking zone.

What is an outdoor eating area?

It is a public place (a place the public can use), or part of a public place:

• that is provided, on a commercial basis, as an area where food or drink may be consumed by people sitting at tables
• that is not an enclosed public place.

For example:

• restaurants
• cafes
• delis
• lunch-bars
• other food outlets.

Liquor licensed premises

Liquor licensed premises that are not subject to a restaurant liquor licence may set aside up to 50 per cent of an outdoor eating as a smoking zone.

Owners and occupiers (the person in charge) of a licensed premises must make sure that the boundary between smoking and non-smoking areas is clear to everyone.

Owners and occupiers of licensed premises have been encouraged to reduce the amount of second-hand smoke that their customers will be exposed to. They can choose to ban smoking entirely in their licensed premises.

Signs in liquor licensed premises

Smoking and non-smoking areas must be clearly separated at all times.

‘No smoking’, ‘Smoking prohibited’ or no smoking symbol signs must be easily seen by a person at a public entrance to the outdoor eating area and located within the non-smoking zone.

Responsibilities of owners and occupiers of licensed premises

The owner or occupier of a licensed premise (the person in charge) also commits an offence if a person smokes in an outdoor eating area.

Who enforces the smoking ban?

Local governments are mainly responsible for enforcing matters about smoking in outdoor eating areas and can appoint environmental health officers or additional officers, for example rangers, to assist with enforcement.

Find contact details for local government (external site).

Public support

There has been a very high level of public support for this legislation from the Western Australian public.

Penalties

If you smoke in an outdoor eating area the following penalties (fines) may apply:

• maximum court imposed penalty – $2000
• infringement notice – $300. 

More information

Email the Tobacco Control Branch or phone 9222 4222.

Remember

• Smoking restrictions prohibit smoking in an outdoor eating area unless you are in a smoking area.
• Local governments are mainly responsible for enforcing matters about smoking in outdoor eating areas.

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