Tobacco laws for outdoor dining areas

Smoking is banned in outdoor dining areas in South Australia under section 52 of the Tobacco and E-Cigarette Products Act 1997 and corresponding regulations. This includes outdoor dining areas at venues such as pubs, cafés, restaurants, fast food outlets and temporary eateries at events.

What is a public outdoor dining area?

Under the regulations, an outdoor dining area means an unenclosed public area in which tables, or tables and chairs, are permanently or temporarily provided for the purpose of public dining.

What does it mean for my business?

If you have an outdoor area where food is offered or provided for consumption in the area, that area must be smoke-free. No smoking signage must be displayed in such numbers and positions of prominence that they are likely to be seen by people within the area.

Refer to the following to assist you in complying with the law:

Penalties for non-compliance

Both employers and the person smoking can be fined by Authorised officers under the Tobacco and E-Cigarette Products Act 1997 who are responsible for enforcing this law.

Lodging a complaint

You can complete the online Smoke-free area form to report a breach of the smoke-free laws.

Further information

For further information about tobacco laws, contact health.hprsmokefreecompliance@sa.gov.au