Designated smoking and smoke-free areas

Outdoor eating and drinking spaces must have ‘No Smoking’ signs prominently displayed.

Businesses can apply for free no smoking signs to display in public areas.

Tables and chairs in the outdoor area must be clearly identified as being part of the premises by either:

• a plan displayed at the place
• signs or markings on the tables and chairs.

If your business has an outdoor eating or drinking area, it’s your responsibility to make sure your staff and the community are kept safe from exposure to tobacco smoke and are adhering to the Smoke-free Act.

If a person is found smoking in a smoke-free area, you must direct them to stop smoking.

For example, you could inform the person that it’s against the law in the ACT to smoke or vape in an outside dining or drinking area and direct them to stop. You may consider making notes of your attempts to stop the person.

Some licensed premises may operate a DOSA if they:

• hold a club license under the Liquor Act 2010
• are licensed under the Liquor Act 2010 and the premises is used principally for the sale and consumption of liquor.

For example, a pub or tavern may be allowed to create a DOSA if its main business activity is serving alcohol. However, a business where the primary purpose is not the sale of liquor, such as a licensed restaurant or café, is not permitted to have a DOSA.

There are regulations for how a DOSA can be used. A DOSA is not permitted if any of the following occurs in the area:

• serving food or drinks (this includes clearing of glasses while someone is smoking in the DOSA)
• customers will be consuming food
• people under 18 years-of-age will be present
• supply of gaming machines
• entertainment will be offered or is directly accessible (within view of the DOSA).

A DOSA is permitted if the space is only used by customers for smoking or drinking.

Public announcements and recorded music are allowed in a DOSA.

You must take reasonable steps to prevent smoke entering an enclosed public space or a smoke-free outdoor area. This is outlined in the Smoke-free Act.

You can have more than one DOSA, but the total outdoor smoking area must not be more than 50 per cent of the total licensed outdoor area (excluding off-gaming areas).

A DOSA cannot be an area that:

• is adjacent to an entrance to the premises (unless it’s an off-gaming area that was part of the licensed premises prior to 1 November 2009)
• allows smoke to drift into a non-smoking area.

Buffer

To prevent smoke from drifting into a non-smoking area, all DOSAs must have a buffer boundary that is adjoining other parts of an outdoor area.

The buffer must be:

• an area at least 4-metres wide where customers cannot eat, drink or smoke. Two metres of this must be taken from the DOSA.
• a screen or wall that:
  • cannot be penetrated by smoke
  • is a minimum of 2.1 metres tall above the highest floor level in the DOSA (the exception to the minimum height is allowed where the screen/wall meets the ceiling of the DOSA)
  • does not cause the area to be considered enclosed.

Tables or chairs may not be placed within the 4-metre buffer area. Plants and decorative features may be in the buffer area if they do not encourage loitering, for example planter boxes that may be used as seats.

Entry points in DOSA buffer walls/screens

If an entry point is placed in a buffer wall or screen, that section of the wall is no longer considered ‘smoke impervious.’ A 4-metre buffer zone (with 2 metres taken from the DOSA) must be created at that break in the wall or screen.

The same rules apply to this buffer zone as to the smoke-free corridor, meaning:

• no smoking
• no tables or chairs
• no eating or drinking.

The buffer area must be clearly marked to prevent patrons from smoking within it.