Smoking and Tobacco Products
New Smoking Laws for Western Australia
Western Australia's new smoking laws aim to protect children and adults from the harmful consequences of passive smoking and target the promotion of tobacco products.Food businesses, tobacco retail outlets and the general public in Fremantle should be aware that new laws are no in force and include the following -
- Ban on the display of tobacco products and smoking implements in retail premises, but allows "specialist retailers" to continue displaying tobacco.
- Ban on smoking in all outdoor eating areas (i.e, public place provided on a commercial basis where people eat or drink sitting at tables e.g. restaurants, hotels, cafes, and food outlets). Note - liquor licensed premises that are not the subject of a restaurant licence may allocate a smoking zone up to 50% of all outdoor areas, provided the area is not already an "enclosed public place." Note - staff in a liquor licensed premise must not be forced to provide service in a smoking zone and can not be dismissed for refusing to do so.
- Ban on smoking in cars with children under 17 years present.
- Ban on smoking within 10 metres of children's playground equipment.
- Ban on smoking between the flags of patrolled beaches.
If you are a food business and would like to discuss these new smoking and outdoor dinning requirements then please contact our environmental health services team on 9432 9856 or email health@fremantle.wa.gov.au for more information.
Should you find any breaches of the above smoking and tobacco laws, contact our compliance services team or the Tobacco Control Branch, Department of Health.