15.5 Outdoor areas

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Following the successful adoption of indoor smoking bans, some tobacco control organisations and communities have focused their efforts on banning smoking in outdoor public areas, including beaches, parks, sidewalks, and car parks.80, 81 Outdoor smoking bans exist in several California jurisdictions and include such provisions as no-smoking in bus stops, markets, bank machine queues, parks and sidewalks.82 Outdoor smoking bans have also been embraced on education facility and hospital grounds.

There is persuasive scientific evidence that smoking in crowded outdoor areas, such as restaurant patios, can lead to harmful levels of chronic SHS exposure in employees.46 Policies banning smoking near children's playground equipment recognise that adult role modelling of smoking can increase youth smoking uptake.83 These policies also reduce discarded cigarette butts, which small children often put in their mouths. Given that smoking bans reduce smoking prevalence and consumption, it is argued that outdoor bans will further aid in reducing smoking rates.84 Concerns about cigarette butt litter, particularly in natural environments such as beaches, have also influenced the debate.85, 86 The risk of grassfires has provided another rationale for bans in natural parklands in California.87

The extension to outdoor areas has not been without some controversy and disagreement within the public health and tobacco control community.88 There is less exposure to SHS in outdoor settings and some experts consider that this undermines public health arguments for smokefree areas outdoors.89

The Cancer Council of New South Wales recommends that smoking bans be adopted in the following outdoor areas80:

• alfresco dining venues
• sporting stadia and grounds
• children's playgrounds
• outdoor entertainment areas and venues
• within seven metres of building entrances
• crowded beach locations
• transport waiting areas (e.g. taxi stands, railway platforms, bus stops)
• outdoor market areas.

15.5.1 Legislation and policies banning smoking outdoors

Smokefree legislation in the ACT, NSW, and WA requires occupiers to take reasonable steps to prevent cigarette smoke drifting from outdoor areas into enclosed areas. In NT smoking is banned within two metres of entrances to all non domestic buildings and three metres from air-conditioning inlets. However, this rule does not apply to alfresco dining areas or beer gardens that allow smoking. Fifty percent of fixed seating in sporting venues and other outdoor events (such as racetracks, grandstands, showgrounds) must be no-smoking. Tasmania bans smoking in any area of an outdoor sporting or cultural venue containing reserved seating, within three metres of an entrance to or exit from any non-domestic building or multiple-use building (does not apply to dining areas) and within 10 metres of any air intake for ventilation equipment. Additionally, 50% of outdoor dining areas must be smokefree. Licensed premises that provide primarily beverages rather than food may designate an outdoor smoking area, provided it is not serviced. A similar provision is in place in WA where licensed premises may establish breakout areas for smoking and consuming alcohol provided the area is not serviced.

Queensland has the most extensive smoking bans in outdoor areas. Since January 2005 patrolled beaches (between the flags), artificial beaches, major sports facilities, within 10 metres of outdoor children's playground equipment and within four metres of a non-residential building entrance (does not apply to liquor licensed premises with a general, club or casino licence or certain outdoor pedestrian malls) must all be smokefree.

Since July 2006 in Queensland, outdoor eating and drinking areas where food or drink is provided or able to be provided as part of a business must be also no-smoking. An outdoor smoking area can be provided as long as no food or drink sold is provided or consumed in the area, and the area is not within four metres of a building entrance. However, pubs, clubs and casinos may set aside designated outdoor smoking areas where only smoking and drinking can occur, provided the area is not serviced.

In March 2007, the Sydney suburb of Mosman banned smoking on every council controlled public space.90 In addition to outdoor areas that were previously made smokefree (beaches, outdoor dining areas, children's playgrounds, public events, playing fields and the grounds of council managed buildings) smoking was banned from all parks, public squares, bus shelters and council car parks. The only public outdoor places Mosman smokers may light up are some footpaths and roads, but these must be 10 metres away from any council-managed building or children's playground. 

15.5.1.1 Beaches

A mixture of local government and state action has led to restrictions on smoking at Australian beaches. In May 2004, Sydney's Manly Council became the first in Australia, and only the second in the world following Los Angeles, to legislate a smoking ban on a public beach. The primary reason the council voted for the ban was to reduce cigarette butt litter.85 The ban also aimed to stop the environmental damage caused by cigarette butts and improve the health and amenity of council assets. Sydney's Waverly Council immediately followed, banning smoking on their beaches including Sydney's most famous tourist beach, Bondi.

In 2005, the Queensland Government banned smoking between the flags on patrolled beaches and on artificial beaches. 

15.5.1.2 Children's playgrounds

The trend is towards bans on smoking in the vicinity of children's playgrounds, and there appears to be little opposition to such bans. Local councils are being encouraged to enact these polices for the health and safety of their communities. The City of Mosman in NSW90 and the City of Monash in Victoria introduced bans in 2007.91 In May 2003, the Launceston City Council became the first local government area in Australia to ban smoking around children's playgrounds and some sporting fields.92 In Queensland, smoking is not permitted within 10 metres of outdoor children's playground equipment.