Tobacco Control

Kingborough Council's Environmental Services Department is a member of Quit Tasmania.

Council's Environmental Health Staff are appointed Nominated Officers for Tobacco Control under the Public Health Act 1997.  This is approved by the Director of Public Health to assist in the enforcement of tobacco control legislation.  Nominated Officers have received training and are able to report on any potential breaches of tobacco control legislation for follow up by the Department of Health and Human Services.

Smoke Free Public Places

In September 2001 the State Government changed the law to prohibit smoking in food premises as explained below:

  • Unlicensed premises - The new law bans smoking inside unlicensed restaurants, cafes and take-away shops.
  • Licensed premises - Smoking is prohibited inside licensed premises EXCEPT:

1.  Bar areas (defined in the legislation as an enclosed area, such as a room, which contains a bar from which alcoholic beverages are sold, within premises to which a permit or licence under the Liquor and Accommodation Act 1990 relates), unless food is available or consumed. If only confectionery and snacks specified in the Guidelines are available, smoking is permitted.

2.  Personal accommodation areas, such as hotel rooms - from which smoke drift to any smoke free area cannot reasonably occur.

3.  Gaming areas, unless food is available or consumed. If only confectionery and snacks specified in the Guidelines are available, smoking is permitted.

4.  At all times, every bar area must have a reasonable area of equal amenity in which smoking is not permitted, including an area within the vicinity of the bar.

 

Section 67B of the Public Health Amendment (Smoke-free Areas) Act 2001 states that a smoke-free area is any of the following:

(a) an enclosed public place;
(b) an enclosed workplace;
(c) any area not within private premises designated by the occupier of the area as a smoke-free area;
(d) any area of an outdoor sporting or cultural venue containing reserved seating;
(e) an area within 3 metres of an entrance to or exit from any non-domestic building or multiple-use building;|
(f) an area within 10 metres of any air intake for ventilation equipment on or in a multiple-use building or a non-domestic building;
(g) a reasonable area of a bar area, including an area in the immediate vicinity of the bar.

The following are not smoke-free areas unless designated as such:

(a) any open deck area of a ship or vessel;
(b) any personal living area of any place providing accommodation for a fee, residential care facility or prison from which smoke drift to any smoke-free area cannot reasonably occur;
(c) an area within 3 metres of an entrance to or exit from any non-domestic building or multiple-use building in any period during which food purchased from the occupier of the building is consumed within that area at a table provided by the occupier;
(d) a bar area (other than a reasonable area, including an area in the immediate vicinity of the bar) in any period during which no food, other than snacks of a class specified in the guidelines, confectionery or beverages is available or consumed in the bar area;
(e) a gaming area in any period during which no food, other than snacks of a class specified in the guidelines, confectionery or beverages is available or consumed in the gaming area.

It is an offence to sell cigarettes or tobacco products to children under 18 years of age.

Council officers are not always present in these venues and therefore rely on the public to observe and report breaches of this legislation.  These can be made to either Council's Environmental Services Department or the Tobacco Control section of the Department of Health and Human Services.

© 2011 Kingborough Council
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