smokefreelaw-licensedpremises

Smokefree Contacts

Smokefree Law in New Zealand
Information for licensed premises

From 10 December 2004, the licensee of any licensed premises will be required to take ‘all reasonably practicable steps' to ensure that no person smokes in an internal area on their premises. Licensed premises include:

bars
restaurants
cafes
chartered clubs
sports clubs
casinos and
class 4 gambling venues.

For the purposes of the Act a reasonably practicable step is what a reasonable and prudent person would do in similar circumstances. Failure to take such steps will be a breach of the law under the Smoke-free Environments Act 1990 (the Act).

Reasonably practicable steps might include:

a set of procedures on how to deal with a patron who smokes, and associated staff training
smokefree signage
removal of ashtrays.

There are some parallels between the steps that licensees are required to take under the smokefree Act, and other sorts of measures currently expected of licensees and duty managers under the Sale of Liquor Act 1989.

Smoking in prohibited areas is treated as any other form of inappropriate behaviour on licensed premises and intervention is necessary.

The obligations to protect the health of staff are complementary to employers’ existing obligations under the Health and Safety in Employment legislation; and complementary to ‘good employer’ obligations.

For more information, contact a Smokefree Officer at your local public health service.

Resources

Frequently asked questions (FAQs)

Resources

Several resources have been developed to assist licensees to understand their obligations under the Act. Pamphlets can be downloaded from this site, while pamphlets, signs and stickers can be ordered from your local health education resource provider.

If there is not a local health education resource provider in your area, contact a Smokefree Officer at your local public health service.

The following resources are particularly relevant for hospitality venues:

Information on open areas for workplaces and hospitality venues booklet

Open and Internal areas - Information on workplaces and licensed premises pamphlet

Information about 'all reasonably practicable steps' for licensed premises pamphlet

Information for sports clubs pamphlet

General guide to Smoke-free Enviroments Act 1990 booklet

Smokefree at all times signs

Smokefree Inside Stickers

FAQs

Which hospitality venues will be covered by the 100 percent smoking ban?

What is the definition of an indoor area of a hospitality venue? Where can people smoke?

Why include RSAs and private clubs in the smokefree protections?

Why not allow exemptions for some premises?

Why not allow premises to use ventilation systems instead of a smoking ban?

Why not allow separate smoking areas in hospitality venues?

Won't smokefree provisions be bad for hospitality and tourism business?

What is the evidence that smoke-free won't harm business?

What other jurisdictions have smokefree legislation like New Zealand's?

What happens if someone smokes in a hospitality venue?

Page last updated November 2006