Key messages
- Smoking and the use of e-cigarettes (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.
Smoking and vaping in outdoor drinking areas is banned when:
- an area has a roof in place, and
- the total actual area of wall surfaces exceeds 75 per cent of the total notional wall area.
Outdoor drinking areas include the following places if predominantly used for the consumption of drinks:
- a balcony or veranda
- a courtyard
- a rooftop
- a marquee
- a street or footpath
- any similar outdoor area.
Drinks can include both alcoholic and non-alcoholic drinks such as coffee.
Under the Tobacco Act 1987, an outdoor area can be either:
- an outdoor dining area, or
- an outdoor drinking area.
Outdoor drinking areas within 4 metres of outdoor dining areas
Smoking and vaping is prohibited 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.
This means that, if any part of an outdoor drinking area is within 4 metres of an outdoor dining area at the same or a neighbouring venue, the business owner or manager of an outdoor drinking area will need to:
- ensure the outdoor drinking area is smoke-free and vape-free, or
- separate the two areas by:
- a 4-metre buffer zone, or
- a wall of at least 2.1 metres high.
A neighbouring venue is a different venue that is located immediately next to your venue.
Snacks can be eaten in outdoor drinking areas
Customers can eat only snacks in outdoor drinking areas.
A snack is a pre-packaged shelf-stable food that:
- is sealed in the container or package in which the manufacturer intended it to be sold, and
- does not require any preparation prior to serving.
Shelf-stable food means food that can be stored safely for long periods (months) at room temperature.
Snacks might also include uncut and unpeeled fruit.
Examples of snacks include pre-packaged potato crisps, nuts and chocolate bars. Pre-packaged sandwiches and hot chips are not considered to be snacks.
Resources
The following resources explain the laws and how to comply:
Smoking restrictions in outdoor drinking areas: A guide for hospitality businesses and event organisers
pdf 1.6 MB
Smoking and vaping restrictions in outdoor drinking areas - factsheet for businesses
docx 2.72 MB
Printed guides can be ordered free of charge from the resources and factsheets page.
Reviewed 05 February 2024
Health.vic
-
- Hospitals & health services
- Public hospitals in Victoria
-
- Rural health
- Improving Access to Primary Care in Rural and Remote Areas Initiative
- Rural x-ray services
- Rural health regions and locations
- Rural and regional medical director role
- Victorian Patient Transport Assistance Scheme
- Rural and isolated practice registered nurses
- Urgent care in regional and rural Victoria
-
- Private health service establishments
- Private hospitals
- Day procedure centres
- Mobile health services
- Fees for private health service establishments in Victoria
- Design resources for private health service establishments
- Professional standards in private health service establishments
- Legislation updates for private health service establishments
- Complaints about private health service establishments
- Cosmetic procedures
- Guideline for providers of liposuction
- Private hospital funding agreement
-
- Primary & community health
- Local Public Health Units
- Integrated care
-
- Maternal and Child Health Service
- Nursery Equipment Program
- Maternal and Child Health Service Framework
- Maternal and Child Health Service resources
- Child Development Information System
- Early parenting centres
- Maternal Child and Health Reporting, Funding and Data
- Baby bundle
- Sleep and settling
- Maternal and Child Health Workforce professional development
- Aboriginal Maternal and Child Health
-
- Public health
-
- Cemeteries and crematoria
- Cemetery trust member appointments
- Cemetery search
- Cemeteries and crematoria complaints
- Cremations
- Exhumations
- Governance and finance
- Cemetery grants
- Interments and memorials
- Land and development
- Legislation governing Victorian cemeteries and crematoria
- Cemeteries and crematoria publications
- Repatriations
- Rights of interment
-
- Medicines and Poisons Regulation
- Patient Schedule 8 treatment permits
- Schedule 8 MDMA and Schedule 8 psilocybine
- Schedule 9 permits for clinical trials
- Documents and forms to print or download
- Legislation and Approvals
- Frequently Asked Questions - Medicines and Poisons Regulation
- Health practitioners
- Licences and permits to possess (& possibly supply) scheduled substances
- Medicinal cannabis
- Pharmacotherapy (opioid replacement therapy)
- Recent updates
- SafeScript
-
- Environmental health
- Improving childhood asthma management in Melbourne's inner west
- Climate and weather, and public health
- Environmental health in the community
- Environmental health in the home
- Environmental health professionals
- Face masks for environmental hazards
- Human health risk assessments
- Lead and human health
- Per- and poly-fluoroalkyl substances (PFAS)
- Pesticide use and pest control
-
- Immunisation
- Respiratory syncytial virus (RSV) immunisation
- Seasonal influenza vaccine
- Immunisation schedule and vaccine eligibility criteria
- Ordering vaccine
- Immunisers in Victoria
- Immunisation provider information
- Cold chain management
- Adverse events following immunisation reporting
- Vaccine error management
- Vaccination for infants and children
- Vaccination for adolescents
- Vaccination program for adults
- Vaccination for special-risk groups
- Victorian coverage rates for Victoria
-
- Infectious diseases guidelines & advice
- Infection control guidelines
- Disease information and advice
- Advice to the cruise industry: reporting infections
- Notifiable infectious diseases, conditions and micro-organisms
- Notification procedures for infectious diseases
- Infectious diseases surveillance in Victoria
- Germicidal ultraviolet light
- Protecting patient privacy in Victoria
-
- Tobacco reforms
- Tobacco reform legislation and regulations
- Quitting smoking and vaping
- Tobacco and e-cigarette retailers
- Making a report or complaint
- Resources and factsheets
-
- Mental health
-
- About Victoria's mental health services
- Area-based services
- Statewide and specialist mental health services
- Mental Health and Wellbeing Locals
- Mental Health Community Support Services
- Support and intervention services
- Language services - when to use them
- Access to mental health services across areas
- Transport for people in mental health services
-
- Alcohol & drugs
-
- Alcohol and other drug treatment services
- Overview of Victoria's alcohol and drug treatment system
- Pathways into alcohol and other drugs treatment
- Community-based AOD treatment services in Victoria
- Drug rehabilitation plan
- Hospital-based services
- Forensic services
- Pharmacotherapy treatment
- Services for Aboriginal people
- Services for young people
- Statewide and specialist services
- Compulsory treatment
- Family and peer support
-
- Alcohol and other drug service standards and guidelines
- Alcohol and other drug client charter and resources
- Alcohol and other drug treatment principles
- Service quality and accreditation
- Alcohol and other drug program guidelines
- Maintenance pharmacotherapy
- Specialist Family Violence Advisor capacity building program in mental health and alcohol and other drug services - Victoria
-
- Drug alerts
- 25C-NBOMe and 4-FA sold as '2C-B'
- Novel stimulants sold as MDMA, cocaine or speed
- Protonitazene sold as ketamine
- High potency benzodiazepine tablets
- MDMA adulterated with PMMA
- 25B-NBOH sold as powdered 'LSD'
- Green 'UPS' pills containing N-ethylpentylone (no MDMA)
- N-ethylpentylone in cocaine
-
- Ageing & aged care
- My Aged Care assessment services
-
- Dementia-friendly environments
- Designing for people with dementia
- Maintaining personal identity
- Personal enjoyment
- Interior design
- Dining areas, kitchens and eating
- Bedrooms and privacy
- Bathrooms
- Gardens and outdoor spaces
- Assistive technology
- Staff education and support
- Strategies, checklists and tools
- References
-
- About us
- Our Strategic Plan 2023-27 (2024 update)
-
- Our organisation
- Our secretary
- Leadership charter
- Our department
- Our vision and values
- Gifts, benefits and hospitality policy
- Our ministers
-
- Health workforce
- Working in health
- Information sharing and MARAM
- Victorian Public Healthcare Awards
- Aboriginal healthcare workers
- Allied health workforce
- Education and training
- Enterprise agreements
- Worker health and wellbeing
- Our campaigns
On this site
Contact us
Tobacco and e-cigarettes team