Smoking | City of Fremantle

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Smoking laws in Western Australia

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 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 08 9432 9999 or email 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.

Smoking in enclosed public places

A smoking ban in all enclosed public places including pubs and clubs is in place. Smoking is only permitted in an area deemed to be a non-enclosed public place under the Tobacco Products Control Amendment Act 2009. Signage must be displayed in the enclosed public place. If you are a proprietor requiring 'no smoking' stickers you can order them here.

Second-hand smoke is deemed to be a significant health risk causing cancers and respiratory illnesses and this legislation will help to ensure this risk to the public is minimised.

Should you wish to make a complaint regarding a premises allowing smoking in an enclosed public places, contact our compliance services team here.

Smoking in alfresco dining areas

The City of Fremantle's licensed alfresco 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 proprietor requiring 'no smoking' stickers you can order them here.

Should you wish to make a complaint contact our compliance services team here.

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