Smoke-free outdoor dining areas

Making outdoor dining areas smoke-free is designed to protect the community from exposure to potentially harmful tobacco smoke. It also increases the comfort and enjoyment of outdoor dining areas for all patrons.

There is a very high level of public support in South Australia for smoke-free outdoor dining.

Tobacco and E-Cigarette Products Act 1997

The Tobacco Products Regulation Act 1997 was renamed the Tobacco and E-Cigarette Products Act 1997 as of 31 March 2019 and regulates e-cigarettes in the same manner as tobacco. Therefore, smoke-free outdoor dining areas are also free from e-cigarette use.

What is a public outdoor dining area?

An outdoor dining area is an unenclosed public area in which tables, or tables and chairs, are permanently or temporarily provided for the purpose of public dining. Public outdoor dining areas include:

  • pubs and clubs
  • cafes and restaurants
  • fast food eateries
  • temporary eateries at events and other venues

Public outdoor dining areas must be smoke-free at all times that food is offered or available.

What smoking products are banned?

The ban on smoking in outdoor dining areas applies to all smoking products. This includes:

  • cigarettes
  • cigars
  • pipes, including shisha, hookah and water-pipes
  • e-cigarettes.

Can snack food be eaten in an outdoor area where smoking is allowed?

Yes. Snack food is considered to be pre-packaged food of a kind generally intended to be consumed between meals. Food such as potato crisps, nuts, chocolate bars and packaged biscuits are examples of snack foods. Hot chips and sandwiches are not considered to be snack food.

Will there be signage to alert people that smoking is not permitted?

Signs must be visible stating that the area is smoke-free.

How is this law enforced?

Authorised officers under the Tobacco and E-Cigarette Products Act 1997 will be responsible for enforcing this law.

What are the fines?

If smoking occurs in an outdoor dining area in contravention of the Act, the occupier of the premises and the person smoking can be fined. Maximum fines are:

  • individuals - $750
  • occupier - $2500

For more information

For more information on smoke-free outdoor dining areas, contact: