Businesses must comply with commercial outdoor dining smoke-free laws.

The laws ban smoking and the use of e-cigarettes:

  • in outdoor seated dining areas
  • within 4 metres of a seated dining area on licensed premises, restaurants or cafes
  • within 4 metres of a pedestrian entry or exit from a hospitality venue
  • within 10 metres of a food fair stall.

Businesses must display 'No smoking' signs in outdoor dining areas. 

Penalties may apply if signs are not displayed, or if a customer is found to be smoking in an outdoor area.

Visit Smoke-free commercial outdoor dining laws on the NSW Health website for more information.

Last updated: 10 September 2024

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