Tobacco Reforms - Smoke-free dining

Smoke free dining requirements came into effect on 1st July 2001. The requirements vary slightly according to the liquor licence type held by the business.

For the purposes of the smoke-free dining legislation, there are four licence types which are relevant.

On-premises licence (generally applies to restaurants or cafes); BYO licence (generally applies to restaurants or cafes); General licence (usually applies to a hotel or pub); and Club licence (applies to a club and generally authorises the supply of liquor to club members, guests of members and authorised gaming visitors.)

Smoke-free dining applies differently depending on the licence type.

Smoke-free dining applies to restaurants, cafes, hotels and licensed clubs, but the Act makes distinctions between the definitions of restaurant or café and the definition of a dining area within a premises that has a general or a club licence (such as a hotel or club).

There are two key differences of the application of smoke-free dining in premises with an on-premises or BYO licence versus premises with a general or club licence:

1. Smoking Status of Eating Premises

• In the case of restaurants or cafes, smoke-free dining applies on a twenty-four hour basis.
• In the case of hotels and licensed clubs, smoke-free dining only applies to an area (usually the dining area) within that premises, when the predominant activity in that area is the consumption of food or non-alcoholic beverages. Therefore the Act recognises that the smoking status in an area within a hotel, pub or licensed club may change during the course of the day, from non-smoking to smoking. This is discussed in more detail below.

2. Enclosed versus Unenclosed

• When discussing smoke-free dining in restaurants and cafes, it is important to note that they are required to be located within an enclosed area.
• However, in the case of licensed clubs and those premises with a general licence, (such as a pub or hotel), the dining area does not have to be enclosed from other areas within the hotel or licensed club. This is discussed in more detail below.

Restaurants and Cafes (with a BYO or On-premises Licence)

• Smoke-free dining applies to all restaurants and cafes located within an enclosed area.
• In restaurants and cafes, smoke-free dining applies on a twenty-four hour basis.
• A bar that is located within a restaurant or café with an on-premises licence, which is adjacent to the dining area but which is not physically separately enclosed, is required to be smoke-free at all times.
  • For example if a restaurant has a bar on a mezzanine, the bar area would also have to be smoke-free as it is not completely physically enclosed from the rest of the restaurant.

Hotels (with a General Licence) and Clubs (with a Club Licence)

• In premises with a general or club licence smoke-free dining applies at times during the day when the predominant activity is the consumption of food or non-alcoholic beverages. Therefore, the Act recognises that the smoking status in an area may change during the course of the day, from non-smoking to smoking.
  • For example, a bistro area with a licensed club or hotel may be smoke-free during meal times, when the predominant activity is the consumption of food or non-alcoholic drinks, but once meals have stopped being served and eaten in that bistro area, people may be allowed to smoke as the predominant activity in that area has changed from eating to smoking.

• If a bar area within a premises with a general or club licence is adjacent to the dining area, the bar is not required to be smoke-free, as it does not have to be completely physically separately enclosed from the dining area. Similarly, the dining area is not required to be separately enclosed from the other areas within the hotel or licensed club.

 

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Further information

Public Health
C/O Richmond Town Hall
333 Bridge Road
Richmond 3121
Telephone 9205 5166
Email info@yarracity.vic.gov.au

Links

Within this site
Yarra City Councl

External sites (Yarra City Council accepts no responsibility for the information or opinions contained within external sites)
www.tobaccoreforms.vic.gov.au

Information supplied by: Electronic communications & design officer - 9205 5214

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