Victorian smoking laws; what you need to know.

In an effort to protect the community from second hand smoke and ‘denormalise’ smoking behaviour; alterations to the Tobacco Act 1987 have been put into practice, banning smoking in all commercial outdoor dining areas.

As of Tuesday the 1^st of August, eateries that cannot comply with new regulation will be forced to ban smoking all together, or be slapped with a hefty fine. The amendment has finally come into play two years after the Victorian Government announced the changes.

In order to comply with new regulation, eateries must create a separate area with a buffer zone of at least four meters, or erect a wall of at least 2.1 meters to stop smoke drifting. If restaurants do not observe new ruling, they could be faced with fines of up to $7773. As for smokers, they could see personal fines of up to $777.

Hospitality Law specialist Darren Marx told Hospitality magazine that this four meter buffer even extends to near by venues. “This rule stands whether the outdoor dining area is part of the same venue or a neighboring venue, and whether you serve alcoholic or non-alcoholic beverages,” he said. “With a standard urban road lane measuring less than four meters, this could mean penalties for venues both next to and across from diners on narrow streets and pedestrian walkways like Melbourne’s iconic laneways”.

Snacks and drinks are all that is permitted in smoking areas, however snacks only include “pre packaged, shelf-stable food”.

On top of this, food fairs and any other events or markets that include food stalls have been involved in the legislation. Smokers must now ensure at least 10 meters from any food vendors at public events and at food designated festivals; smoking will be fully prohibited.

Health minister Jill Hennessy said in a statement last week, “From August 1, everyone will be able to enjoy meals outside, in fresh air and free from the deadly dangers of second-hand smoke.” She said it was one step closer to a healthier restaurant culture in Victoria.

In what is the biggest alteration to Victorian smoking laws in 10 years, here’s where it is now illegal to light up:

With the changes have come mixed responses. Many restaurants without the space to employ the ‘buffer zone’ have had to ban smoking completely.

Thomas Mogg, part of the management team at Santoni Pizza Restaurant in Hawthorn, said they’ve embraced the changes. “I think it’s a great initiative by the government. On numerous occasions, especially in summer, families want to be able to sit up stairs on the roof but when they see that people can smoke, it’s a huge deterrent.”

Just down the road at The Skinny Dog in Kew, staff had a very different view. Tom Fantasia, an employee at the local pub had this to say:

 

 

The Skinny Dog Hotel.

Several foundations including the Cancer Council, Quit Victoria and the Heart Foundation have backed the Victorian Government’s commitment to introducing smoke free outdoor dining but not without queries.

The foundations, in a statement made last year, called on the government to include outdoor drinking areas in the legislation. This in order to protect customers and staff from the second hand smoke but to also avoid a trend that has already emerged in NSW after they employed smoke free dining.

An ‘unintended loophole’ in the legislation has seen some restaurants ban food in outdoor areas. Even though this would be unpopular with the 87% of Victorians who do not smoke, it allows restaurants to designate an area to smokers only.

The foundations have argued that this raises further concerns regarding the consumption of alcohol without food.

Sophie, 21 and a smoker, believes a ban on smoking in outdoor drinking areas should not be put into effect or included in the legislation. “Already these restrictions are ridiculous, if they’re banning smoking in drinking areas why not ban alcohol while we’re at it. Intoxicated people are more of an issue than anything.”

For now though, the restrictions will be limited to dining areas, at the moment this will not extend to drinking areas that do not serve food or are outside the four meter buffer zone.  Council inspectors will be on the watch, especially in the coming weeks, to ensure these new rules are followed.