As featured in the latest edition of Bowler Magazine
A number of changes under the Tobacco and Other Smoking Products Amendment Bill 2023 (“the Bill“) to the Tobacco and Other Smoking Products Act 1998 (“the Act“) came into effect from 1 July 2024 in respect of the regulation of tobacco and smoking products. Further changes will take effect from 1 September 2024.
Changes in effect since 1 July 2024
The changes primarily address public health concerns associated with smoking, and some of these changes include further regulation of designated outdoor smoking areas (“DOSAs“) and affect all bowls clubs that offer these services or amenities.
In respect of DOSAs, you must now be compliant with the following:
- Children/minors cannot remain or spend time with an adult in a DOSA (however, they can pass through the DOSA to access other parts of the premises).
- A new smoke-free buffer is required between a DOSA and adjacent enclosed parts of the venue (previously, smoke-free buffers were only required between a DOSA and outdoor parts of the venue).
- Smoke-free buffers can be a two-metre horizontal area or an impervious screen at least 2.1-metres high.
- If a wall that includes a door is being used as a buffer, the door must remain closed unless it is in use to enter or exit the DOSA.
- If a wall that includes a window is being used as a buffer, the window must remain closed while the DOSA is being used.
The licensee is responsible for ensuring that patrons are compliant with the requirement for children not to remain in a DOSA and to ensure that smoke-free buffers are compliant.
Changes to take effect from 1 September 2024
The final tranche of changes under the Bill will come into effect on 1 September 2024. In particular, you should prepare for the following:
- If wishing to continue to sell smoking products at your bowls club, a tobacco licensing scheme is being implemented, which will require a retail licence to be obtained authorising you to sell these. You should note:
- that you will require a retail licence for each liquor licensed premises;
- that a retail licence ceases to have effect if the business with the licence is sold; and
- that a retail licence ceases to have effect if the related liquor licence is cancelled, surrendered or for any period of suspension.
- If your bowls club features a tobacco product vending machine (“Vending Machine“), it will no longer be able to be accessed directly by patrons and will instead have to be operated by an employee who will have to supply the tobacco product at a point of sale for the premises.
- If your bowls club employs children/minors, they are prohibited from supplying or handling smoking products during their employment with substantial (and escalating) penalties depending on the number of offences. Small businesses (being those employing less than 20 people) will be afforded additional time to comply until 1 September 2025.
An up-to-date smoking management plan is a legal requirement for liquor licensed venues that provide a DOSA. Licensees should update their plans to reflect how they will support compliance with the new laws at their venue.
If you are concerned about your compliance with the new or upcoming changes listed above or any other changes, need assistance in preparing and submitting your application for a retail licence, preparing or updating a smoking management plan or are intending to complete renovations to your venue, it is important to seek the necessary legal advice. Please contact me on 07 3224 0353.
