Tobacco Laws

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  • Smokefree Outdoor Areas
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• 2007 Review

Designated Outdoor Smoking Area (DOSA)

Under the tobacco laws, liquor licensed premises that hold a commercial hotel, community club or commercial special facility licence can designate an outdoor area where smoking and drinking, but not eating, can occur. A number of rules must be followed and penalties apply.

Rules for a DOSA

• You can have more than one DOSA at the premises, but the total area of all DOSAs must not be more than 50% of the whole outdoor liquor licensed area of the premises.
• Each DOSA must have a buffer on its perimeter, wherever it is next to other parts of your outdoor area that are ordinarily accessed by patrons.
• It is a legal requirement that the entire remaining outdoor licensed area is no-smoking. As a licensee it is your responsibility to ensure that patrons do not smoke in these areas of the premises.
• You must prepare and keep up-to-date a Smoking Management Plan for the entire premises.
• You must put up a diagram or sign that clearly shows the limits of the area/s, and the availability of the Smoking Management Plan.

About buffers

There are two options for buffers:

1. 2 metre wide area in which patrons cannot eat, drink or smoke.
2. 2.1 metre high screen that is impervious to smoke.

A buffer indicates a separation between smoking and no-smoking areas.

• If you use a 2 metre wide area buffer, then at least one metre must come from your DOSA area. The other one metre must come from your no-smoking area.
• If you use a 2.1 metre screen buffer, this should be placed on the perimeter of your DOSA.

What can happen in a DOSA

Patrons can order their drinks in a different area then take them into the DOSA, and smoke and drink there. A DOSA should be an outdoor area where patrons who wish to smoke may take their drink while they have a cigarette break, before returning to their group or companion.

What cannot happen in a DOSA

• Food cannot be taken into or consumed in the DOSA. “Food” means anything you can eat, and includes all food items, such as meals and snacks (ie. chips and nuts).
• Food or drink cannot be served to patrons in the DOSA. Staff can enter the DOSA to clear glasses and empty ashtrays, but they must not take orders from, or serve food or drinks to, patrons.
• No entertainment can be provided in the DOSA. This includes having television screens, music speakers, bands, pool tables, or any other type of amusement in the area.
• No poker machines can be located in the DOSA.

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