Smoking in Enclosed Public Places
From 31 July 2006, the Tobacco Products Control Regulations 2006 [external site] made under the Tobacco Products Control Act 2006 [PDF] prohibit smoking in all enclosed public places including those on licensed premises. The only exception to this is the Burswood 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.
Publications and Resources
To assist in communicating the changes to the smoking in enclosed public places legislation, the Department of Health has produced general information for occupiers of enclosed public places, enforcement officers and the general public.
Other 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 publications 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.
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.


