Commercial outdoor dining laws

What you need to know

  • Commercial outdoor dining areas in NSW are smoke-free.
  • Smoking is banned within 4 metres of a pedestrian entry or exit from a hospitality venue (the ‘4 metre law’).

The bans apply to any ignited smoking product including cigarettes, pipes and water-pipes.

Penalties

Penalties for non-compliance may apply:

  • on the spot fines of $300 for individuals
  • up to $5,500 for business owners.

The Camp​aign

NSW Health undertook a public notice campaign to increase community awareness and understanding of new outdoor smoking bans under the Smoke-free Environment Act 2000. The campaign included advertising through various channels between May and July 2015.
 

The  objectives of the campaign

  • Increase awareness of smoking bans at hospitality venues.
  • Achieve high compliance with the smoking bans.
  • Decrease exposure to second-hand smoke for people who attend and eat at licensed premises, cafés and restaurants.

Target audience

  • Adults aged 18+ in New South Wales (with a focus on patrons of dining venues)
  • Members of the hospitality industry.
NSW research shows strong community support for smoking bans in commercial outdoor dining areas and at entrances to public buildings by both smokers and non-smokers. NSW Health had been worked closely with the hospitality industry and other key stakeholders to prepare for the new bans.​​​​​​​​​​​​​
Current as at: Sunday 31 January 2021
Contact page owner: Centre for Population Health