Key messages
- Smoking and the use of e-cigarettes (vaping) is banned in all commercial outdoor dining areas in Victoria.
- Smoking and vaping is banned in an outdoor drinking area if any part of that area is within 4 metres of an outdoor dining area, unless separated by a wall of at least 2.1 metres high.
- Venues must display acceptable ‘No smoking' signs.
Under the Tobacco Act, smoking and vaping is banned:
- in outdoor areas at hospitality and food venues used for eating food. This includes footpath dining areas, courtyards and beer gardens during times food is being eaten or is available to be eaten.
- in all outdoor areas at food fairs. A food fair is an event where the principal activity is the supply of food for consumption at the event.
- within 10 metres of a food stall or food vendor at organised outdoor event (other than a food fair).
To complement smoke-free and vape-free outdoor dining, smoking and vaping is banned in an outdoor drinking area if any part of that area is within 4 metres of an outdoor dining area unless the area is separated by a wall of 2.1 metres high. This law applies to areas within the same venue as well as between neighbouring venues. For more information visit smoke-free and vape-free: drinking areas.
Smoke-free and vape-free outdoor dining:
- protects the community from the harmful effects of second-hand smoke and the aerosol from e-cigarettes.
- de-normalises smoking and vaping behaviours which is particularly important for discouraging children from taking up smoking and vaping.
- supports people who have recently quit, or who are trying to quit, by removing visual cues and triggers.
- improves the outdoor dining experience for Victorians.
‘No smoking’ signage
Venues must display acceptable 'No smoking' signs to indicate smoke-free and vape-free areas.
'No smoking or vaping’ signage is also available.
Please note, the Tobacco Act currently only requires ‘No smoking’ signage, so use of the ‘No smoking or vaping’ signage is voluntary. Both signs can be downloaded below, or hard copies can be ordered free of charge via the Resources and factsheets page.
Resources for businesses and event organisers
The following resources explain the laws and how to comply:
- Smoke-free outdoor dining: a guide for businesses and event organisers
- Smoking restrictions in outdoor drinking areas: a guide for businesses and event organisers incorporating reforms
- Factsheets - smoke-free outdoor dining
- Factsheet for businesses - smoking restrictions in outdoor drinking area
Printed guides can be ordered free of charge from the Resources and factsheets page.
-
There is strong community support for smoke-free and vape-free outdoor dining areas. This means most people voluntarily comply with the smoking and vaping ban and expect others to do so.
Inspectors, authorised under the Tobacco Act, may provide information about the ban and enforce it when necessary. The first priority of the inspector is to make sure smokers and e-cigarette users understand the ban.
To information about how to report non-compliance with the outdoor dining smoking and vaping ban, visit the Making a report or complaint page.
-
The occupier, business owner or manager of the venue and individual smoking or vaping can be fined.
An on-the-spot fine of one penalty unit may apply to an individual who smokes or vapes in an outdoor dining area. The maximum court penalty is five penalty units.
An on-the-spot fine of two penalty units may apply to the person in charge of a venue. The maximum court penalty is 10 penalty units for an individual or 50 penalty units for a company.
The value of a penalty unit is indexed every financial year by the Victorian Treasurer. To view the current penalty unit value, visit the Department of Treasury and Finance, Indexation of fees and page.
-
Yes. The use of e-cigarettes (vaping) and smoking shisha tobacco is banned in areas where smoking and vaping is banned under the Tobacco Act, including outdoor dining areas.
Resources
- Smoking restrictions in outdoor drinking areas: a guide for businesses and event organisers incorporating reforms
- Smoke-free outdoor dining factsheets for business, events, food fairs and
- Smoking restrictions in outdoor drinking areas: factsheets and guidelines for businesses, hospitality and event organisers
Reviewed 12 April 2024