Explanation of "enclosed" and "outdoor"
The tobacco laws define an enclosed area. An area is enclosed if it has a ceiling or roof, and except for doors and passageways, is completely or substantially enclosed.
An outdoor area is an area that does not meet the above definition of enclosed. Another term for an outdoor area is a “non-enclosed” area.
When making a decision about whether an area is an outdoor area, it is important to consider the following points.
Does the area have a roof or ceiling or other solid covering?
If the answer is 'no', the area will most likely be an outdoor area as it cannot meet the definition of enclosed. If the answer is ‘yes’, you need to ask the next questions.
Is the area surrounded by walls or fences or otherwise enclosed?
As a general rule, if the area has only one wall, it will most probably not meet the definition of enclosed. If the area has three or more walls, it most probably will meet the definition of enclosed. It is not possible to give a more definitive description of enclosed because of the infinite number of building configurations.
Another thing to consider is what materials the walls or fences are made from. If an area is surrounded on three sides with closely spaced 180cm high timber palings, it will enclose the area. The same area surrounded by waist high pool fencing (thin bars with wide gaps) may very well not be enclosed.
The most important thing to consider is - "Would the average person say the area is enclosed?"
This is the final question Queensland Health enforcement officers will ask themselves when they inspect your premises. It is also a question that a magistrate could consider, should the matter be taken to court if your opinion as the licensee differs from the opinion of the Queensland Health enforcement officer.
Outdoor eating or drinking area
An outdoor eating or drinking area is any outdoor area of your business at which you allow customers to consume food or drink that has been provided by your business. Food or drink 'provided by your business' means table service, or service at a counter inside with the food or drink taken by customers to the outdoor eating or drinking area.