New No-Smoking Restrictions in NSW for Mixed Use Buildings

On 6 July 2015 amendments to the Smoke-free Environment Act 2000 (NSW) took effect banning smoking in “a place that is within 4 metres of a pedestrian access point to a building… (containing) licensed premises or a restaurant…” and in “a commercial outdoor dining area”. This is of importance especially to mixed use strata buildings.

A ban on smoking within 4 metres of a pedestrian entrance to, or exit from, a public building was already in place in NSW.  However, it has now been extended to licensed premises (including clubs and hotels), restaurants and cafés, and all commercial outdoor dining areas. Smoking is also restricted on any footpath area that is licensed from Council as a “seating area”, if that area falls within the “4 metre law” or is an outdoor dining area.

Owners of licensed premises and restaurants must ensure that adequate ‘no-smoking’ signage is displayed. It is important for venues and patrons to be aware of the new requirements to avoid on the spot fines for individuals and penalties for proprietors who do not comply with the Act. For more information please visit the NSW Government Health website.

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