Smoke-free commercial outdoor dining laws

​​The Smoke-free Environment Act 2000 bans smoking and vaping in a commercial outdoor dining area, such as:

  • a seated dining area
  • within 4 metres of a seated dining area on licensed premises, restaurant or café
  • within 10 metres of a food fair stall.

Smoking and vaping are not permitted in an area in which the business provides food and seating in the outdoor area where the food is being eaten.

The smoke-free law also bans using pipes, waterpipe (also known as nargila, argileh, hubble bubble, hookah, shisha and ​goza) in an outdoor dining area.

The outdoor smoking bans fall under the Smoke-free Environment Act 2000, building on by-laws for smoke-free commercial outdoor dining areas as already adopted by many local councils. Smoking bans protect you and your family from the harms of second-hand smoke and vape aerosol while dining in outdoor areas of clubs, hotels, restaurants and cafés and at food fairs.

Penalties for non-compliance

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.

Designated outdoor smoking or vaping areas

Licensed premises and restaurants can have designated outdoor smoking areas. Owners of licensed premises and restaurants must ensure that the designated smoking area:

  • is not located within 4 metres of the seated dining area on the premises
  • meets all other requirements of the smoke-free laws
  • displays appropriate signage.

Owners of licensed premises and restaurants must take reasonable steps to ensure that eating does not occur in the designated smoking/vaping area.

Smoke-free signage is needed to show where smoking or vaping is not allowed

Owners of licensed premises and restaurants must ensure that adequate no-smoking signage is displayed in an outdoor dining area. Licensed premises and businesses can order no-smoking signs free of charge from NSW Health.

For more information

To learn more about smoke-free laws or report a breach of smoking bans, call the Tobacco Information Line on 1800 357 412.

Current as at: Thursday 2 April 2026
Contact page owner: Centre for Population Health