WA New No Smoking Laws
From July 31, 2006, it will be illegal to smoke in enclosed areas of any public space in Western Australia with the exception of the Burswood International Room. An enclosed public place is a place that:
- Has a ceiling or roof: and
- Walls, sides and other vertical coverings (eg:plastic blinds) that makes the place completely or substancially enclosed.
An area is substancially enclosed if the area of all walls or other surfaces surrounding it is greater than 50% of the total vertical surface area.
For an area such as a beer garden or balcony, you should look at the following points to determine if the area will be defined as enclosed or not.
- Is there a ceiling or roof covering the area?
- Of the total wall space, how much is covered?
- Can any of the walls be opened/removed at any time (this must be counted as a covered wall)?
- Is less than 50% of the wall space open?
The permeability of walls made from materials such as lattice or shade cloth will also be taken into account when deciding if an area is substancially enclosed.
The definition of an enclosed area will relate to all areas that may be used for smoking, whether a beer garden, balcony, al-fresco or “break out” area.Your local goverment Environmental Health Officer will be the responsible party for defining any areas.
Individual businesses that break the law may face a maximum fine of $2,000.
