New smoke-free protection at liquor licensed venues
The Queensland Government has introduced laws that strengthen smoke-free protection at liquor licensed venues.
These changes will affect all premises that hold a commercial hotel, community club or commercial special facility licence (containing all or part of a casino) that provide a Designated Outdoor Smoking Area (DOSA) in their venue.
The new smoke-free requirements are outlined below, and you can download this fact sheet .
Children cannot remain in a DOSA
- Children visiting a venue with an adult must not spend time in a DOSA.
- A child can only move through a DOSA to access other parts of the venue.
- Staff that are under 18 years of age can be in a DOSA for work purposes such as to clear away glasses. Wherever possible venues should take steps to limit this activity for younger staff.
- The licensee is responsible for ensuring that patrons are compliant with the requirement for children not to remain in a DOSA.
Smoke-free buffer requirements for DOSAs are extended
- A new smoke-free buffer is required between a DOSA and adjacent enclosed parts of the venue (previously, smoke-free buffers were only required between a DOSA and outdoor parts of the venue).
- Smoke-free buffers can be a 2-metre horizontal area, or an impervious screen at least 2.1-metres high.
- If a wall that includes a door is being used as a buffer the door must remain closed unless it is in-use to enter or exit the DOSA.
- If a wall that includes a window is being used as a buffer, the window must remain closed while the DOSA is being used.
- The licensee is responsible for ensuring that smoke-free buffers are compliant.
Smoking Management Plan
An up-to-date Smoking Management Plan is a legal requirement for liquor licensed venues that provide a DOSA. Licensees should update their Smoking Management Plan to reflect how they will support compliance with the new laws at their venue.
Completing a smoking management plan
The Smoking management plan template is the blank version of the plan that you can use to create a plan for your premises.
The sample smoking management plan is an example of how the plan could be filled out.
The plan does not need to be approved by Queensland Health, but it is an offence to not make the plan available to Queensland Health enforcement officers on request.
Signage
Free signage to support compliance with the smoke-free laws is available by calling 13 QGOV (13 74 68). You can download free signage from the Queensland Government website.
More information
More information on all of the requirements for a DOSA is available on the Queensland Health website.
Penalties that apply to smoke-free public places
The maximum penalty for someone smoking or vaping in a smoke-free public place is 20 penalty units with an on-the-spot fine of 2 penalty units.
As of 1 July 2024, the penalty unit amount is $161.30. This amount increases annually. For more information on current penalty amounts call 13 QGOV (13 74 68).
How smoke-free public places are monitored and enforced
The laws are monitored and enforced by Queensland Health Environmental Health Officers who provide advice and education, respond to possible breaches and issue warnings and on-the-spot fines.
You can report a possible breach of current and new smoking laws, including smoking or vaping in smoke-free areas.