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Smoking ban in outdoor eating areas takes effect from February 15

IN a WA local government first, the City of Fremantle has introduced a smoking ban in outdoor eating areas, effective from February 15, applying to alfresco dining areas across all its suburbs.

The move follows a 2007 council resolution to amend the City of Fremantle Local Laws Relating to Outdoor Eating Areas, published in the Government Gazette on February 1, 2008.

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

“But to assist proprietors, employees and patrons adjust to the new regulations, a six-month transition period has been written into the amended local law,” he said.

“From February 15, business proprietors need to ensure at least half of their outdoor eating areas are set aside as non-smoking – the new laws will then apply for the whole area from August 15.”

A proprietor, employee or person breaching these requirements could be liable for a $2000 penalty, upon conviction. This penalty is similar to the State Government’s regulations for smoking in an enclosed public space.

Mr Piggott said that, in the short term, City of Fremantle environmental health officers will 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.

“But it’s the responsibility of the business proprietor to 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 are required to:
• Inform the person smoking that he/she is committing an offence.
• Ask the person to leave the non-smoking area, until he/she has finished smoking.

Mr Piggott said contact had been made with all establishments affected by the changes, advising them of the new regulations.

“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 legislation will apply.”

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