Smoking bans protect you and your family from the harms of second-hand smoke and vapour from e-cigarettes while dining in outdoor area of clubs, hotels, restaurants and cafés and at food fairs.

The outdoor smoking bans fall under the Smoke-free Environment Act 2000building on by-laws for smoke-free commercial outdoor dining areas as already adopted by many local councils.

What you need to know

  •  Commercial outdoor dining areas in NSW are smoke-free.
  • Smoking and using e-cigarettes are 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, e-cigarettes, pipes and  water-pipes.
  • Penalties for non-compliance may apply:
    • on the spot fines of $300 for individuals
    • a fine of up to $550 for a business owner who does not display 'no smoking' signs in an outdoor dining area
    • up to $5,500 for a business owner if a customer is found to be smoking in the outdoor dining area.

The campaign

A public education campaign on smoke-free outdoor dining occurred between May and July 2015. Campaign audiences included adults aged 18 years and over in NSW and the hospitality industry.

Broad objectives of the campaign were to:

  • increase awareness and understanding of the new smoking bans in hospitality venues from 6 July 2015 to promote high compliance; and
  • maintain high community support for the new bans by both smokers and non-smokers.

Campaign advertising​ was undertaken through various channels.

NSW Health worked closely with the hospitality industry and other stakeholders to prepare for the new bans.

For more information about the campaign, see Smoke-free Commercial Outdoor Dining for NSW

Commercial Outdoor Dining Areas - are now smoke-free

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Page Updated: Friday 16 March 2018