There is no safe level of exposure to second-hand smoke so there are bans in place to protect everyone’s health and comfort.
Under the Smoke-free Environment Act 2000and the Smoke-free Environment Regulation 2016smoking and using e-cigarettes is banned in all enclosed public places and some outdoor public areas.
Dining areas and access points
Smoking and using e-cigarettes are not permitted in commercial outdoor dining areas, including:
- a seated dining area
- within 4m of a seated dining area on licensed premises, restaurant or café
- within 10m of a food fair stall
- within 4m of a pedestrian access point to a restaurant, hotel, club or café.
Some licensed venues do create designated outdoor smoking areas to cater for patrons who wish to smoke.
Non-smoking signs
Signs are to be clearly visible to you and displayed in a way that should alert you upon entering that it is a non-smoking area.
Penalties applying to patrons under the liquor, club, and casino laws
Under the Liquor Act 2007, the Registered Clubs Act 1976 and the Casino Control Act 1992 venues are able to ask a patron to leave if they continues to smoke in a smoke-free area.
If a patron fails to leave when asked, they may receive an on-the-spot fine of $550 or a maximum penalty of up to $5500.
Exemptions that apply to the complete ban
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.
Get more information on tobacco and smoking control in NSW.