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Smoking ban in Fremantle's outdoor eating areas takes effect on August 15

SMOKING will be banned in City of Fremantle outdoor eating areas from August 15, applying to alfresco dining areas located on council land, across all its suburbs.

The move follows a 2007 council resolution to amend the City of Fremantle Local Laws Relating to Outdoor Eating Areas.

Environmental Health & Building Services Coordinator Matthew Piggott said the City of Fremantle was taking a positive approach to promote and protect the health and well-being of the community by reducing exposure to second-hand smoke.

“Proprietors, employees and patrons have adjusted well to the introduction of non-smoking areas in Fremantle’s outdoor eating areas in the past six months,” he said.

“Since February 15, business proprietors have needed to ensure at least half of their outdoor eating areas were set aside as non-smoking – a complete smoking ban will now apply over the whole area from August 15.”

A person breaching the city’s local law could be liable for a $2000 penalty, upon conviction, similar to the State Government’s regulations for smoking in an enclosed public space.

“The City of Fremantle urges Health Minister Jim McGinty to strengthen WA’s existing anti-smoking legislation, through the introduction of state-wide laws banning smoking in alfresco dining areas and other public places, as a priority,” Mr Piggott said.

“There are public health benefits to be gained from introducing alfresco dining smoking bans, which has been recognised by the City of Fremantle; a move backed up by a recent City of Perth decision to introduce a similar ban in Northbridge and the Perth CBD from July 2009.”

Mr Piggott said City of Fremantle environmental health officers would continue to work in an educational role to help proprietors comply with the legislation.

“While there are provisions for enforcement of the new rules, it’s our intention for businesses to self-regulate,” he said.

“This approach has already proved effective in relation to the State Government’s Tobacco Products Control Act 2006 Smoking in Enclosed Public Places legislation.

“Business proprietors should inform and train all staff to ensure they are familiar with the requirements of this amended local law.”

When a proprietor or employee becomes aware of a person smoking in a prohibited area, they should:
• Inform the person smoking that he/she is committing an offence.
• Ask the person to stop smoking or leave the non-smoking area, until he/she has finished smoking.
• If the person refuses to comply, the City of Fremantle can prosecute the person under the local law.
• If the person refuses to leave the non-smoking area when asked, police assistance should be sought.

Mr Piggott said contact had been made with all establishments affected by the smoking ban beginning August 15.

“It should also be made clear this ban on smoking applies to far more than just the cappuccino strip – it applies across the WHOLE council area,” he said.

“So if there’s an outdoor eating area in the Fremantle CBD, Samson, White Gum Valley, O’Connor, Hilton, Beaconsfield, South Fremantle or North Fremantle, this local law will apply.”

For enquiries, contact the city’s environmental health services on 9432 9856.