ASH Australia: 
Smokefree outdoor and partly enclosed 
public areas
 
 

See our  NEW REVISED (July 2009)  SMOKE-FREE OUTDOOR AREAS  resource kit for councils.... and other  RESOURCES  for Local Government


See  LATEST NEWS  on smokefree local areas  and  WHAT'S BEEN DONE

 


Not only state and territory but local government can play a huge role in making communities safer, healthier and cleaner - by making local places (and their near surroundings) smokefree. These can include:

 

  • Playgrounds

  • Beaches, public pools and waterways

  • Outdoor ("al fresco") dining areas

  • Parks

  • Sporting facilities

  • Council building entrances

  • Transport shelters

  • Council-owned car parks

  • Council-run events

 


 Sign at Blacktown, western Sydney, May 2009


The arguments    
See detailed arguments in 47 NGOs' briefing paper to Councils and businesses (NSW)  on  100% smokefree alfresco dining

Health arguments for making crowded outdoor or partly-enclosed areas smokefree are strong - especially al fresco dining or other staffed areas where workers are repeatedly or continuously exposed; or bus shelters involving extended waits in partly-enclosed areas.
See  health evidence on outdoor areas   ... and very latest  health research on secondhand smoke 

Especially vulnerable to secondhand smoke harm are children and people with underlying health (e.g. heart and respiratory) conditions, and employees because of their repeated exposure. Smokefree public places policies have been shown to quickly and significantly reduce the incidence of heart attacks.

 

So along with the health evidence comes an anti-discrimination argument - that we should not create unhealthy barriers against categories of people using or working in certain areas because the smoke is an acute hazard for them.

 

The case for making some other areas smokefree is based more on environmental benefit - for example, the butt litter problem on beaches, and litter or fire risks in parks. 

In still other cases, there are safety or public amenity issues. 


And in child-accessible places (e.g. playgrounds, safe swimming areas), there is a child behaviour modelling argument that we should not  "normalise" smoking in view of children - not encourage them to see smoking as a normal or usual activity. 

 

Community opinion measured in many surveys strongly supports crowded public places, and all workplaces, being smokefree. 

 

Who's against it?

The only organised opposition to smokefree outdoor areas (particularly food and drink service areas) has come from the tobacco industry and associated bodies including the Australian Hotels Association (AHA) and Butt Free Australia / Butt Littering Trust (see below under Butt Litter). Tobacco companies and the AHA have issued misleading and totally unfounded claims that smokefree policies will "harm business" and have other "unforeseen consequences". In fact all independent evidence shows smokefree policies have a neutral to positive impact on dining trade.


Freedom and liberty issues
Many would argue that adults in full knowledge of consequences should be free to take risks. But this does not extend to harming others, including children and employees in their workplaces. People have a right to smoke, but not near others. The NSW Council for Civil Liberties (policy endorsed 2008) says:

It is a person's right to use any legal substance, but the context of use should be dependent on the comfort of others. Smoking should only be allowed where there is no possibility of passive smoking causing harm or discomfort to others. The onus should be on the smoker to prove no discomfort or irritation to non-smokers. 

The fact that smoking is “a legal activity” should not prevent it being quite properly restricted to certain areas for health or safety reasons – as are other legal activities including driving, urinating and operating dangerous machinery.

 

Reducing butt litter - what works and what doesn't

ASH encourages councils to be aware of the independent research on what measures actually reduce litter - and to beware misleading claims and ineffective strategies. 

The tobacco industry seeks to portray itself as "socially responsible" by supporting alternate strategies for reducing butt litter - without reducing or limiting smoking. British American Tobacco (BAT) Australia has founded and funded the Butt Free Australia (BFA) - (formerly the "Butt Littering Trust") - which seeks partnerships with state and local government to distribute "butt bins" and educate smokers to "butt it then bin it". 

BFA/BLT has claimed its campaigns have led to significant reductions in butt litter; but despite several requests it has not provided meaningful comparisons with other strategies, with areas where it does not operate, or with pre-existing trends - or discussed how other factors (e.g. smokefree places laws or falling smoking rates) might have contributed. 

Independent evidence suggests BFA-type strategies are not effective. See NSW Dept of Environment  Extended Producer Responsibility report 2005-2006    p. 21: “impact of current activities funded by cigarette manufacturers has not delivered a reduction in butt littering.”   

Such disposal/education approaches may contribute as part of a broader strategy including smokefree policies; however, tobacco companies and allied groups have instead put them forward as stand-alone alternatives, lobbying councils against extending smokefree areas. The BLT itself has been connected with lobbying against smokefree places.

Councils beware! 
See  LATEST NEWS  below,
BATA letter 2008 to Wagga councillors and ASH response  and 2006 article on  BAT's Butt Litter Trust   

 

 

 

LATEST NEWS

 

More NSW councils make smokefree moves
August 2010: Two more NSW councils have moved to make crowded public places smokefree. Randwick City Council has put up for community consultation a proposal to ban smoking in bus shelters. Have your say here    And Wollongong City Council has given the public four weeks to comment on a draft proposal to ban smoking from recreation areas across the city, including children’s playgrounds and sporting grounds.   Have your say here

Hobart malls go smokefree
August 2010:  Three major pedestrian malls in Hobart are smokefree from August 1,  thanks to Hobart City Council.  See  Hobart City Council media release 1/8/10   The move was backed by very strong community and business support.    See  ABC news report 2/12/09 

Smokefree Parramatta alfrescoes healthy, popular, good for trade
July 2010: Parramatta City Council has adopted a 100% smokefree alfresco dining licences policy - the 19th NSW council to do so. SmokeFree Australia has welcomed the decision as a victory for safe workplaces and protection of staff and patrons, including children.  See  SmokeFree Australia media release 27/7/10 

Brisbane mall to go smokefree
July 2010: Brisbane City Council will either make the city's Queen Street pedestrian mall 100% smokefree or limit smoking to designated outdoor smoking areas. Strong public support, including businesses - and smokers also comfortable. 
See  Brisbane Times 15/7/10 

Warringah joins smokefree snowball
May 2010: Sydney northern council Warringah has voted to extend its smokefree areas to include alfresco dining, bus shelters, fixed seating and entrances of sports venues, council car parks and events. 
See  Manly Daily report 27/5/10  

Leichhardt sets 2011 end for smoky footpath alfrescoes
March 2010: Sydney inner-west dining hotspot of Leichhardt will have 100% smokefree dining in its footpath alfrescoes from sometime 2011. Council also urges NSW government to act statewide.
Details at  Leichhardt Council site   Bondi-based Waverley Council has taken a similar step, and several more on the way. 

Even low smoke exposure may harden teen arteries
March 2010: A study of young teenagers shows even low-level exposure to tobacco smoke may cause hardening of arteries. The study of almost 500 13-year-olds, called for children to be protected from all smoke exposure.  See  abstract

Protection of pregnant women from smoke call after studies show foetal  harm
Feb. 2010: Health and child welfare groups call for dining/drinking areas and other workplaces to be 100% smokefree, after global review of 76 studies on impact of passive smoking on pregnancy confirms it causes lower birthweight, increases birth abnormalities.
See   ASH / Protecting Children from Tobacco release 12/2/10   and  review abstract    

Frankston, Vic to make crowded shopping streets smokefree
Feb. 2010: Council of Frankston, south of Melbourne, will make three busy outdoor shopping streets smokefree on a six-month trial - with fines up to $110. The Mayor says the health benefits will be "worth any flak." 
See  Herald Sun report 9/2/10  

Babies' exposure boosts adult emphysema risk
2009: Prenatal and postnatal exposure of babies to secondhand smoke increases their risk of emphysema as adults, says a study of 1700 non-smokers in the American Journal of Epidemiology. 
See  study abstract 

Secondhand exposure doubles children's lung cancer risk
2009: 
Secondhand smoke exposure during childhood is associated with a more than doubled lung cancer risk among never smokers, says a study in Cancer Epidemiology, Biomarkers and Prevention.  See  study abstract

Secondhand smoke doubles and worsens chronic rhinosinusitis
2009: Childhood or current exposure to secondhand smoke more than doubles risk of chronic rhinosinusitis, suggests Johns Hopkins University study in American Journal of Rhinology and Allergy. Severity of the disease may also be worsened. 
See  study abstract

ACT dining and drinking areas to be smokefree
2009: The ACT Assembly has passed laws making all public eating and drinking areas 100% smokefree, enclosed or otherwise, by end-2010. Children's events will also be smokefree.    See  ABC News report 8/12/09 

Study of smoke harm for children shows urgency of smokefree public places 
2009: A study showing secondhand smoke harm to blood vessels of toddlers shows why we need public places - especially outdoor dining areas - 100% smokefree.  See 
Protecting Children from Tobacco media release 24/11/09  

 

Manly's diners embrace smokefree al frescoes
2009: A survey of dining businesses in the northern Sydney beachside suburb of Manly show strong support for the smokefree outdoor dining policy introduced over the past four years. See  Manly Council media release 22/9/09    and  survey summary table    See our briefing paper on  100% smokefree al fresco dining

 

WA makes playgrounds, patrolled beaches and most al frescoes smokefree
2009: Legislation passed by WA parliament will make smokefree by Sept 2010 all unlicensed al fresco dining areas (and at least 50% of licensed outdoor dining areas); playgrounds and patrolled beach areas.  See  Protecting Children news 

 

New York will make playgrounds, parks and beaches smokefree
2009:  New York City has moved to make parts or all of its parks and beaches smokefree. The city's popular 2003 ban on smoking in indoor public areas has helped drive down its smoking rate from 21.5% to 16.9%. 
See  New York Times report 16/9/09 

 

Sea Eagles' home ground goes smokefree
2009: Brookvale Oval, home ground of Rugby League's Manly Sea Eagles, has been made smokefree by unanimous vote of Warringah Council. The issue was brought to council by an asthmatic 13-year-old fan.  See  Councillor Virginia Laugeson media release featuring ASH Australia, 3/8/09


ACT food & drinks service areas to be smokefree by end of 2010

2009: The ACT government has promised to make all public food and drink service areas smokefree by the end of 2010. The move is in line with international law, OH&S, research evidence and community opinion.   See  SmokeFree Australia media release 2/6/09

 

Wagga beats BAT to protect children, workers 

2009: Wagga Wagga City Council (NSW) is applauded for its decision to go ahead with smokefree playgrounds and alfresco dining areas against aggressive tobacco industry interference. See  ASH media release 31/3/09   BAT tried to derail the move by misleading councillors.   ASH media release 27/11/08   Excerpts from BATA letter and ASH response 

 

Community support soars for smokefree dining  
See NSW survey findings in  Aust & NZ Journal of Public Health article


 

WHAT'S BEEN DONE


See on Australian Hotels Association website,  national chart  of smokefree local council policies (not sure how up to date). The AHA is long associated with the tobacco industry, and has lobbied for many years against smokefree drinking and dining areas.

 

 

ACT

The ACT has legislated to make all public food and drink service areas smokefree by the end of 2010.  See  See  ABC News report 8/12/09  and earlier  SmokeFree Australia media release 2/6/09

NSW         See  report  (with chart) on NSW council smokefree policies - NEW SURVEY OUT SOON 
NSW legislation on smokefree crowded outdoor areas is almost non-existent; but almost 70 NSW councils - urban, regional and rural - have adopted smokefree policies, doubling in the past two years.  New NSW council policies survey will be released shortly. 

NT

The Northern Territory government has introduced legislation to make all staffed outdoor drinking/dining areas of licensed venues smokefree by 2011.  See  SmokeFree Australia news

 

 

QUEENSLAND
January 2010: The Queensland government has given local councils the right to ban smoking in public transport waiting areas and shopping malls.  See  Brisbane Times 30/10/09

 

Queensland has already banned smoking in playgrounds, patrolled beaches and alfresco dining areas in statewide legislation.   Result: High awareness, "extremely high" public support, increased quitting and a move towards becoming "largely self-enforcing".  

 

SOUTH AUSTRALIA
State legislation is on crowded outdoor areas is very weak. 

 

TASMANIA
Tas government has made 50% of outdoor dining areas smokefree. Hobart City Council has made CBD alfrescoes under its control no-smoking, with strong public support. 

 

VICTORIA

State laws are weak. Some local councils have made outdoor crowded shopping areas and some beaches smokefree. 

 

WESTERN AUSTRALIA 
2009: WA legislation makes smokefree by Sept 2010 all unlicensed alfresco dining areas (and at least 50% of licensed outdoor dining areas); playgrounds, patrolled beaches.  

 



RESOURCES  for local government


SMOKEFREE OUTDOOR AREAS resource kit for councils!

 

 


« Click on the playground
to see our Smokefree Outdoor Areas resource kit for local councils. 

Developed for World No Tobacco Day 2007 by ASH Australia, Cancer Council NSW, AMA (NSW), Heart Foundation (NSW) and Local Government and Shires Associations NSW; updated in 2009. 

What every council should know about making playgrounds, outdoor dining areas, parks, beaches, transport shelters and other council-controlled areas smokefree - and how councils have dealt successfully with concerns and compliance issues. 

 

 


See Cancer Council NSW background page on  Outdoor smoking 

 

See ASH / SmokeFree Australia / Protecting Children from Tobacco brief to Councils and businesses (NSW)  on  100% smokefree al fresco dining

 

Our earlier Tobacco Facts for Local Government (November 2004) urged local councils to “Join the Smokefree Communities Snowball”!  The factsheet featured early moves in Queensland, around Sydney and in rural and regional areas.   

 

 
 

Page last updated 30/8/10