Cigarettes and smoke-free areas

Smoking in public areas

Under Victoria's Tobacco Act 1987 (the Tobacco Act), smoking is prohibited in all enclosed workplaces and certain public spaces where members of the public gather and may be exposed to second-hand tobacco smoke.

In addition to this, under Council's Community Local Law 2023 – Clause 40. Smoke Free Areas, a person must not smoke in an area designated by Council to be a smoke-free area.

Smoke-free areas

In recent years amendments to the Victorian Tobacco Act has seen the introduction of smoke-free areas in places such as:

  • entrances to indoor children's play centres, public hospitals and registered community health centres, and certain Victorian Government buildings
  • the grounds of, and entrances to, childcare centres, kindergartens, preschools, primary and secondary schools
  • outdoor recreational areas, including playground equipment, skate parks and sporting venues during under-age sporting events
  • outdoor areas of public swimming pools
  • enclosed workplaces
  • train stations, tram-stop platforms and tram and bus shelters
  • under-age music or dance events
  • outdoor dining areas when food is being served, including premises such as restaurants, cafes, take-away shops and licensed premises—including courtyard dining areas and footpath dining—food fairs and other outdoor events, community or street festivals.

In addition to these state-wide reforms, Council has a Smoke Free Outdoor Areas Policy that has designated the following as smoke free areas and for which fines may apply:

  • within 5 metres of all Council-owned, operated and leased buildings
  • within 10 metres of the external perimeter of all sports fields and facilities (including clubrooms and pavilions)
  • at all times in outdoor dining areas located on Council land.

As per Community Local Law 2023, Council may add to these areas in the future.

Selling cigarettes and tobacco

Council plays an important role in enforcing the use and sale of cigarettes and tobacco products by:

  • controlling the sale of cigarettes to minors by running a test purchase program ensuring tobacco retailers do not sell cigarettes to people under 18 years of age.
  • controlling the display and advertising of tobacco products by inspecting and educating retailers.
  • enforcing smoke free dining in eating premises by regularly inspecting and educating proprietors.
  • banning smoking in selected areas of licensed premises and gaming venues by inspecting and educating proprietors.

If you have concerns about a business breaching the tobacco laws, contact our Environmental Health Unit on (03) 5422 0333 or email