Liquor licensed premises – outdoor smoking area
15B Liquor licensed premises – outdoor smoking area
(1) For the purposes of section 11(1) of the Act, the licensee of liquor licensed premises may designate one or more parts of the outdoor eating and drinking areas in or on the premises to be exempt areas (outdoor smoking areas).
(2) The outdoor smoking areas must comprise not more than 50% of the total outdoor eating and drinking areas in or on the liquor licensed premises.
(3) In addition, the outdoor smoking areas have effect as exempt areas only if all of the following conditions are satisfied:
(a) each outdoor smoking area must be clearly delineated from other areas in or on the liquor licensed premises and marked by signage indicating it is an outdoor smoking area;
(c) each outdoor smoking area must have buffers along its perimeter that is adjacent to other parts of the outdoor eating and drinking areas in or on the premises;
(d) except as provided by subregulation (5), entertainment (for example, live performances, gaming machines and pool tables) must not be provided in the outdoor smoking areas;
(e) the licensee of the premises must ensure the outdoor smoke-free areas in or on the premises are at least of equal amenity to the outdoor smoking areas in or on the premises;
(f) the licensee of the premises must maintain a smoking management plan that is up to date and available for inspection by authorised officers and patrons;
(g) staff service is not available from staff in, or to patrons in, the outdoor smoking areas.
For subregulation (3)(c), buffer means:
(a) a screen that is impervious to smoke and at least 2.1 metres high; or
an area satisfying all of the following requirements:
the area is at least 2 metres wide;
patrons are not permitted to smoke in the area;
(iv) staff service is not available from staff in the area or to patrons in the area;
(v) if the area contains tables or seating – the area must be marked by signage clearly indicating it is a buffer area and stating that the restrictions mentioned in subparagraphs (ii) to (iv) apply in the area;
(vi) at least half of the area must be taken from the area that would otherwise form part of the outdoor smoking area.
Examples for subregulation (4)(a)
1 A thick screening hedge that is 2.1 metres high.
2 An artificial screen, or a wall, that is 2.1 metres high.
(5) Subregulation (3)(d) does not prevent the provision of the following forms of entertainment:
visual equipment (for example, television and projected screens);
(b) audio equipment (for example, speakers and juke boxes), other than equipment that is being controlled by a disc jockey.
For subregulation (3)(f), a smoking management plan:
(a) is a document prepared by the licensee of the liquor licensed premises stating how smoking is managed at the liquor licensed premises with the aim of reducing the harm from smoking in or on the premises; and
must:
identify the outdoor eating and drinking areas; and
identify the outdoor smoking areas; and
identify the buffers for the outdoor smoking areas; and
(iv) state how the licensee will minimise the exposure of staff and patrons to environmental tobacco smoke; and
(v) describe the training or instruction that is given to staff to ensure the Act and the plan are complied with; and
(vi) provide for signage that clearly identifies where smoking is or is not allowed.
In this regulation:
outdoor smoke-free area means any part of an outdoor eating and drinking area that is not an exempt area.
staff service:
(a) includes taking orders from a patron or delivering or serving food or drinks to a patron or table; but
does not include:
clearing of plates, cutlery, glasses, rubbish or hazards; or
(ii) provision of crowd control or security work as defined in the Private Security Act 1995.
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