Delivering a Healthy WA
Tobacco Control Branch  

Smoking in Public Places

Enclosed public places smoking prohibitions

From 31 July 2006, the Tobacco Products Control Regulations 2006 (external site) made under the Tobacco Products Control Act 2006 (external site) prohibit smoking in all enclosed public places including those on licensed premises. The only exception to this is the Crown Casino’s International Room.

This means that in addition to venues which were required to be smoke free prior to 31 July 2006 (e.g. shopping centres, theatres, airports, cinemas, cafes and restaurants etc), venues such as pubs, sporting clubs, night clubs and licensed restaurants are now also required to be smoke free inside.

General information is available for occupiers of enclosed public places, enforcement officers and the general public.

Outdoor public places smoking prohibitions

Smoke free between the flags at patrolled beaches

Smoking prohibited “between the flags” on a beach in patrolled swimming areas.

Playgrounds are Smoke free

Smoking banned within 10 metres of any children’s playground equipment.

Smoke free cars

Smoking banned in or on a vehicle, where a child under the age of 17 years is present,

Outdoor eating areas are smoke free

Smoking bans apply in outdoor eating areas, where people eat and/or drink sitting at tables (e.g. restaurants, cafes, delis, lunch-bars and hotels).
Liquor licensed premises that are not subject to a restaurant licence may set aside up to 50 per cent of outdoor eating areas as smoking zones.

Forms, Signage and Resources

Resources, including “No Smoking” stickers and table cards, posters, and information brochures have also been produced.

These resources are provided free of charge. Information on how to order them can be found within the Forms, Signage and Resources page of this website.

Breakout Areas

The Department of Racing, Gaming and Liquor has produced Guidelines for occupiers of licensed premises wishing to establish outdoor areas (known as 'breakout areas') to allow patrons to smoke and consume alcohol within or adjacent to licensed premises. These Guidelines titled "Guidelines for Licensees Seeking to Establish Breakout Areas" (PDF 21KB) have been produced to facilitate the changes to the smoking in enclosed public places legislation and to meet public and industry needs for greater flexibility in the use of outdoor areas of licensed premises.

The application process for creating a breakout area is included in the Guidelines and requires approval by both the local government authority in which the licensed premises is located and the Department of Racing, Gaming and Liquor. To know more about breakout areas, please contact the Department of Racing, Gaming and Liquor on (08) 9425 1888 or for country callers 1800 634 541.

Smoking in the workplace

Smoking in a workplace is covered under the Occupational Safety and Health Regulations which are administered by Worksafe which is a division of the Department of Commerce.  The provisions in the Occupational Safety and Health Regulations that relate to Environmental Tobacco Smoke are similar to the smoking in enclosed public places provisions in the Tobacco Products Control Regulations 2006.

Supporting smoke-free workplaces – a policy implementation guide (PDF 510KB) has been designed to assist in the development and implementation of a smoke-free workplace policy that complements legislative bans in enclosed workplaces and extends to all outdoor workplaces.

The guide provides information on the health effects of exposure to environmental tobacco smoke, current smoke-free legislation and the steps that must be taken in order to meet the legal requirements. The document also details the ways in which organisations can help to encourage and support smoking cessation. It offers a step-by-step guide to the policy planning and decision making process and provides a sample smoke-free workplace policy.

Health Effects of Second Hand Smoke

This legislative change has been brought about to further reduce community exposure to Second Hand Smoke (SHS). The health effects of SHS exposure are well documented and indisputable. Numerous scientific studies have demonstrated the exposure to SHS causes or promotes a number of illnesses and diseases, including lung cancer and heart disease.

The United States Surgeon General’s latest report on smoking and health titled “The Health Consequences of Involuntary Exposure to Tobacco Smoke” (PDF) (Warning: Large File - 19.83MB) was released on 27 June 2006. The report contains six major conclusions.

  • Second hand smoke causes premature death and disease in children and in adults who do not smoke.
  • Children exposed to second hand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma. Smoking by parents causes respiratory symptoms and slow lung growth in their children.
  • Exposure of adults to second hand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.
  • The scientific evidence indicates that there is no risk-free level of exposure to second hand smoke.
  • Many millions of Americans, both children and adults, are still exposed to second hand smoke in their homes and workplaces despite substantial progress in tobacco control.
  • Eliminating smoking in indoor spaces fully protects non-smokers from exposure to second hand smoke. Separating smokers from non-smokers, cleaning the air, and ventilating buildings cannot eliminate exposures of non-smokers to second hand smoke.

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