Tobacco Smoke-Free Environment

The following areas are to remain smoke free:

• Within 10 metres of children’s play equipment in outdoor public spaces,
• Swimming pool complexes,
• Spectator areas at sports grounds or other recreational areas during organised sporting events,
• Platforms of passenger railways, bus stops and taxi ranks,
• Within 4 metres of a pedestrian access point to a public building;
• All outdoor dining.

For more information about these rules contact:

NSW Tobacco Information Line

Telephone: 1800 357 412

Website: www.health.nsw.gov.au/smokefree

View: NSW Smoke-free Laws Fact Sheet

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.

In addition to NSW Requirements, Council adopted the rule of no-smoking within 10 metres of Council-owned buildings.

Council's Smoke-free Outdoor Areas Policy was adopted by Council on 27 May 2015.

Council's policy aims to raise awareness of and minimise the harmful effects of smoking (including passive smoking or second-hand smoking) on community health, local amenity and the natural environment.

Council encourages the community to get behind this initiative when occupying these smoke-free areas. Signage has been rolled out in order to assist with identification of these areas.

NSW Health and Council are relying on general compliance by residents and businesses to keep these public areas smoke-free. NSW Health is responsible for the administration and enforcement of the Smoke-free Environment Act 2000.

For those businesses and individuals who fail to comply with these NSW Health rules, penalties may apply. 

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. If there is a breach of licence agreement conditions, Council may issue a written warning or terminate a licence. More information can be found at Smoke-free Outdoor Dining.

If you think an outdoor smoking ban has been broken, report it to:

NSW Health

Telephone: 1800 357 412