From 2006, it has been an offence to smoke in an enclosed workplace in Victoria and from 2007 that prohibition extended to licensed premises and outdoor dining or drinking areas where there was a roof in place and walls that cover more than 75% of the total notional wall area.
From 1 August 2017, smoking was 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 outdoor dining, smoking 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. This means the two areas can be separated by either:
a 4 metre buffer zone; or
a wall of at least 2.1 metres high.
If the separation requirement is not met, smoking is banned in an outdoor drinking area. This law applies to the same venue as well as to neighbouring venues.
The following resources explain the laws for clubs and how to comply:
