Key messages
- Smoking and the use of e-cigarettes (vaping) is prohibited within 4 metres of the entrances to all children’s indoor play centres.
- This ban aims to protect children and young people from second-hand smoke, the aerosol from e-cigarettes and from seeing adults smoking and vaping.
- Occupiers are required to display an acceptable ‘No smoking’ sign at an entrance.
By law, smoking and vaping is banned within four metres of the entrances to all children's indoor play centres in Victoria.
Indoor play centres are businesses that make the majority of their income by providing indoor play equipment for the use of children under 12 years old, accompanied by their parents and carers. Indoor play centres may charge an entrance fee to allow their children to access the play equipment for a set period of time, or to hold a child’s birthday party.
The following diagram shows where the smoking and vaping ban applies at the entrance to a children's indoor play centre.
‘No smoking’ signage and resources
Occupiers are required to display an acceptable ‘No smoking' sign at an entrance.
'No smoking' signs are available to order free of charge through the online order form on the Resources and factsheets page. Electronic versions of ‘No smoking or vaping' signs can also be downloaded from this page.
The Tobacco Act 1987 currently only requires ‘No Smoking’ signage, so the use of ‘No smoking or vaping’ signage is voluntary.
Sign - No smoking or vaping on this premises and within 4 metres of entrance
Posters and other materials to support the ban on smoking and vaping in children’s outdoor recreational areas can be found below, or hard copies can be ordered free of charge via the Resources and factsheets page.
Ban on smoking and vaping at indoor children's play centres - factsheet for visitors
Ban on smoking and vaping at indoor children's play centres - factsheet for occupiers
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The ban has two principal aims:
To protect children and young people from the dangers of second-hand smoke and the aerosol from e-cigarettes, ensuring they can enter and leave an indoor play centre without being exposed. Second-hand smoke is particularly dangerous for children and young people because they have smaller airways and less developed immune systems than adults.
To reduce the role-modelling of smoking and vaping behaviours around children and young people, who are more likely to view smoking and vaping as socially acceptable when they regularly see people smoking and using e-cigarettes. Banning smoking and vaping in areas used by children and young people will help to ‘de-normalise’ smoking behaviours and the use of e-cigarettes and discourage them from taking up smoking and vaping.
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A pedestrian access point refers to a door or gate through which a person can enter or exit the premises. It does not include emergency exits that are locked to entry but does include shared doors or gates.
For example, where a building is occupied by a children’s indoor play centre as well as other organisations, such as private businesses, any shared entrances that are used to access both areas of the building will be subject to the smoking and vaping ban.
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The ban on smoking and vaping outside entrances to children’s indoor play centres does not apply to businesses that provide indoor children’s play equipment incidental to their core business. It also does not apply to indoor centres that provide sporting and recreational activities to teenagers and adults.
For example, the ban does not apply to a store that provides indoor play equipment to entertain the children of customers, or to an indoor trampolining centre that provides entertainment for children, teenagers, and adults.
The ban also does not apply:
- to an emergency exit that is locked to entry
- to a person walking through the smoke-free and vape-free area
- to a person in a motor vehicle who is driving or being driven through the smoke-free and vape-free area
- to a person in an area that is separated from the smoke-free and vape-free area by a road
- to a person in an outdoor drinking area located within the smoke-free and vape-free area
- to a person at a residential premises (in privately owned homes or land).
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Indoor children’s play centre staff, managers and other occupiers are not expected to enforce the ban and are not empowered to do so.
Local council officers are appointed under the Tobacco Act 1987 to educate businesses and the public about their responsibilities, and to carry out enforcement where necessary.
There is also strong community support for banning smoking and vaping in public places, particularly where children are present. This results in high levels of voluntary compliance with the smoking and vaping ban.
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Under the Tobacco Act 1987 an occupier in relation to an area or premises, means:
- a person who appears to be of, or over, the age of 16 years and who is or appears to be in control of the area or premises, whether or not the person is present in the area or on the premises; or
- a body corporate that is or appears to be in control of the area or premises.
Reviewed 14 February 2024