Smoking is banned in all enclosed public places and certain outdoor public areas, under the Smoke-free Environment Act 2000.
The Act bans smoking in all enclosed public places.
An enclosed public space is defined as having more than 75% notional walls and ceiling. See the NSW Health fact sheet – Determining an enclosed public space (PDF, 234KB).
From 6 July 2015 smoking is not permitted in a commercial outdoor dining area, being:
In addition, smoking is not permitted
The new law does not prevent the creation of designated outdoor smoking areas in clubs or hotels, but cannot be located within 4 meters of the seated dining area and all other requirements of the Act are met.
NSW health guide: Smoke-free commercial outdoor dining - a guide for licensed venues, restaurants and cafés (PDF, 742KB).
The international private gaming area of Star City Casino is exempt from the smoking bans. This exemption has been granted in line with interstate casinos, and will be reviewed annually and abolished when interstate casinos ban smoking in equivalent areas.
To assist venues in managing the smoke-free laws, the Liquor Act 2007, the Registered Clubs Act 1976 and the Casino Control Act 1992 give venues the power to exclude a patron from the venue if that person smokes in a smoke-free area. If a patron fails to leave when asked, they are liable to a $550 on-the-spot fine or a maximum penalty of $5500.
These signs must be clearly visible to patrons and displayed in a way that would reasonably allow a person entering a particular area of the premises to be quickly alerted to the fact that it is a non-smoking area.
Signs are available free of charge from the NSW Health Better Health Centre on 9879 0443. As long as signs meet legal requirements, proprietors can make signs to suit the decor of their premises at their own cost.
In considering what changes can be made to your venue to accommodate patrons who wish to smoke you should contact your local council, or visit the Office of Local Government website www.olg.nsw.gov.au for information about DAs, using footpaths, alcohol free zones and other local issues.
Go to the NSW Health's Tobacco and Smoking Control in NSW website.