Smoking and your business

Under the state’s Tobacco Products Control Act, the City of Vincent can issue infringements to local businesses who do not comply with this state legislation. The Council has very strong views and support for smoke-free areas in accordance with this. Council officers monitor outdoor eating areas to reduce community exposure to the damaging effects of second hand smoke.

For more comprehensive details, please visit this page (http://www.tobaccocontrol.health.wa.gov.au/home/index.cfm) – or see below for a basic overview of the state’s Tobacco Products Control Act.

Background

Amendments to the Tobacco Products Control Act that came into effect September 2010 included the banning of smoking in enclosed public spaces and also outdoor eating areas other than designated smoking zones at licensed premises.  At the same time the City of Vincent included this as a condition on permits to have outdoor eating areas in public spaces. 

The State Government (and hence Vincent Council) does allow patrons to temporarily smoke and consume alcohol in licensee-designated outdoor areas within or adjacent to licensed premises. The ability to create these zones is dependent on the type of Liquor License the premise has.

Definitions

An 'enclosed public place' is a place that has, whether permanently or temporarily, a ceiling or a roof and walls, sides or other vertical coverings so that when the public place's existing closable openings are closed, the public place is completely or substantially enclosed.

A 'public place' is a place or vehicle that the public, or a section of the public, is entitled to use or is open to, or is being used by, the public, or a section of the public, whether on payment of money, by virtue of membership of a club or other body, by invitation or otherwise.

Who enforces the law?

The law has generally been self-enforcing across Vincent though enforcement of the legislation may be undertaken by the City’s Health officers and Rangers, police officers and officers from the Department of Health. Such infringements are only served after several warnings have been ignored.

What is the penalty?

An individual or business convicted of an offence under the legislation is liable to a maximum penalty of $2,000. If the offence is a continuing offence, a daily penalty which is not more than $50 may apply. Infringement notices which have a modified penalty may also be issued for certain offences.

Who can I contact at the City?

If you have any questions in relation to enforcement of the legislation, or to lodge a complaint about a local business, contact the City’s Health Services team on 9273 6000.