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Smoke Free Outdoor Dining

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.

linkThe NSW Health Factsheet (external link) has a summary of information for smoke-free outdoor dining.
linkNSW Health Guide (external link) has further information for licensed venues, restaurants and cafes.

Licensed venues, restaurants, cafés and shops can order free signage and other resources from NSW Health (external link).

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.

The community has shown strong support for smoke-free outdoor dining. In 2013, Council sought community feedback on smoke free outdoor dining for Council managed lands only. Ninety one percent of the community feedback indicated support for smoke free outdoor dining. In addition, over half the feedback received from businesses also supported smoke free outdoor dining. 

Report a Breach
If you think an outdoor smoking ban has been broken, report it to:
NSW Health
Telephone: 1800-357-412
Website: Online reporting form (external link) 

Smoke free outdoor dining

Smoke free outdoor dining

Last Updated: June 23rd, 2016
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