Under the Smoke-free Environment Act 2000, smoking is not permitted in a commercial outdoor dining area which is:
- 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.
Licensed venues, restaurants, cafés and shops can order free signage, factsheets and other resources from NSW Health.
For those businesses using Council-managed land for outdoor dining purposes, the licensee of the business is required to ensure the area is smoke free and comply with all NSW Health requirements. In addition they must also comply with any other smoke free clauses as contained in their outdoor dining licence agreement. If there is a breach of licence agreement conditions, Council may issue a written warning or terminate a licence.
Any designated outdoor smoking areas in licensed premises and restaurants must meet the requirements of the Smoke-free Environment Act 2000.