Smoking laws in Fremantle | City of Fremantle

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Smoking laws in Fremantle


Western Australia's 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 should be aware of these smoking laws, 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 cannot 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.

Smoking in outdoor dining areas

The City of Fremantle's licensed outdoor dining areas (restaurants, hotels, cafes and food outlets) became smoke free in August 2008. This legislation helps to ensure the effects of second-hand smoke are reduced, and persons wishing to eat a meal in an alfresco area, can enjoy a smoke-free environment. The City of Fremantle was the first local government in Western Australia to adopt such legislation.

If you are a food business and would like to discuss these new smoking and outdoor dining requirements then please contact our environmental health services team on 08 9432 9999 or email for more information.

If you are a proprietor requiring 'no smoking' stickers you can order them here.

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