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September 2011

© Copyright Municipal Association of Victoria, 2011.
The Municipal Association of Victoria is the owner of the copyright in the publication “Local
Government Recommendations for a Victorian Outdoor Smoking Framework ”.
No part of this publication may be reproduced, stored or transmitted in any form or by any means without the prior permission in writing from the Municipal Association of Victoria.
All requests to reproduce, store or transmit material contained in the publication should be addressed to Rosemary Hancock, Policy Adviser, email rhancock@mav.asn.au
.
The MAV can provide this publication in an alternative format upon request, including large print,
Braille and audio.
The “Local Government Recommendations for a Victorian Outdoor Smoking Framework” report has been prepared by the Municipal Association of Victoria (MAV) for discussion with the State
Government on the issue of measures that can be taken to reduce the incidence of smoking in the community.
The MAV is the statutory peak body for local government in Victoria, representing all 79 municipalities. The MAV would like to acknowledge the contribution of those who provided their comments and advice during this project.
While this paper aims to broadly reflect the views of local government in Victoria, it does not purport to reflect the exact views of individual councils.
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1 Executive Summary ................................................................................................. 3
2 Introduction .............................................................................................................. 6
3 Background .............................................................................................................. 7
4 Issues requiring consideration .................................................................................. 8
4.1
Local law vs state-wide ban ................................................................................... 8
4.2
Cost of compliance and enforcement .................................................................... 9
4.3
Level of regulation – too much? ............................................................................. 9
4.4
Meeting national and state public health goals .................................................... 10
4.5
Consequences of not acting ................................................................................ 10
5 Recommendations ................................................................................................. 12
5.1
State-wide activities ............................................................................................. 12
5.2
Partnership programs with local government ....................................................... 17
6 Conclusion ............................................................................................................. 18
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Local government in Victoria supports the development of a state-wide framework to govern smoking in outdoor public places. This is the main message arising from the representative body that determines the policy direction of the MAV, and feedback received from councils to draft recommendations circulated earlier this year.
As a result of the consultative process undertaken with councils, the recommendations contained in this report identify ways the State Government can provide the setting which enables communities to take action to improve their public health. The recommendations involve a mixture of state smoking bans, policies and programs, and a variety of agencies working in partnership.
The intention of proposing this framework is to continue to progress Victoria’s track record as a leader in effective preventative health care, and keep abreast of tobacco control initiatives being undertaken in other states and overseas. The Victorian Government has achieved great success in the last 20 years in reducing the incidence of smoking to 17% of the overall population. However, if Victoria is to continue to see ongoing declines in smoking prevalence, then new measures will be required, including involving outdoor areas.
A key principle guiding these recommendations is giving the community the tools to determine smoke-free areas backed up by awareness raising and community development activities which promote the benefits of making some public outdoor places smoke-free.
The recommended framework will enable the State Government to achieve its goals set out in the Victorian Health Priority Framework 2012-22 – Metropolitan Health Plan (May 2011) which identifies the need to improve every Victorian’s health status and health experience, and recognises that lifestyle choices contribute to chronic health conditions which are avoidable, which in turn place burdensome pressure on all health services.
In summary, the MAV, on behalf of local government in Victoria, recommends that the State
Government:

Develop a state-wide framework to govern smoking in public outdoor places

Introduce state-wide laws for alfresco dining areas and children’s playgrounds

Investigate bans in other outdoor areas such as beaches, sports grounds and facilities and outside school entrances, and where bans may be relevant, provide leadership about the detail which could be used as the basis for either state or local bans

Provide tools and support which enable local government and communities to develop their own policies and local laws for outdoor areas.
Councils in Victoria will continue to play their role in reducing the incidence of smoking through local initiatives identified through municipal public health and wellbeing planning, and initiating policies and local laws where these are desired by local communities.
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MAV Recommendations:
That the State Government initiate state-wide activities, including:
1. Development of a state-wide framework for smoking in outdoor areas and that this framework include a mixture of laws, policies and programs
2. Development of criteria to guide when state-wide tobacco laws are the most effective way to reduce smoking in the community. These criteria should include consideration of:
- the problems that arise where the lack or multiple different council local laws cause undue confusion for residents and visitors
- the benefits that can flow from consistency with laws of other Australian states where this is logical and appropriate
- in relation to land owned by councils, that anti-smoking policies for buildings and land clearly defined as council-owned should be determined by the council, unless there is a state-wide law applying to all workplaces
- that resources are provided by the State Government for enforcement and education activities required to support new state laws
3. Introduction of state-wide smoking bans for:
- outdoor dining areas
- within 10 metres of children’s playground equipment
4. Investigation of state-wide bans for other public outdoor places, such as:
- beaches
- sports grounds and facilities
- outside school entrances
5. Ensuring that the investigation of other areas that may be suitable for state-wide tobacco laws includes:
- consultation with affected stakeholders
- development of tools to assist community discussion and generate awareness and acceptance of smoking bans in outdoor public places
- development of clear guidance that provides details that will maximise the potential for uniformity to be achieved across the state, regardless of whether they become state laws or are suitable for adoption as local laws
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6. Ensuring that any smoking bans for outdoor areas that are initiated by the State Government and which involve local government support for implementation be accompanied by:
- funding assistance for activities relating to smoking bans in outdoor public places through the current local government service agreement program that provides State Government funding to councils to undertake education and enforcement activities with affected businesses and organisations
- funding assistance for the provision of public signage
That the State Government initiate partnership programs with local government, including:
7. Development of tools and facilitate sharing of information to encourage consistent approaches among councils
8. Mitigation of the impact of bans on community participation in outdoor areas where there may be potential for increased social isolation, such as for those who smoke with a low socioeconomic profile, through targeted support programs
9. Ensuring there is information and educational activities in community languages, and that targeted education programs are undertaken with non-English speaking communities with high levels of smoking
10. Sponsorship of a ‘local community’ program targeting under-age smokers to generate local projects centred around the sorts of outdoor places young people tend to congregate to smoke. Schools and other agencies working with young people should be invited to participate in the program.
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Councils in Victoria play an important role in advocating and supporting better health for their communities. As well as advocacy to federal and state governments about the sorts of laws, policies and programs that would assist local communities, councils themselves are actively involved in initiating local programs aimed at reducing the incidence of smoking in the community and enforcing the provisions of the Victorian Tobacco Act 1987.
As the peak organisation representing local government in Victoria, the MAV has been administering the service agreements with councils which provide funding from the Department of Health to undertake tobacco education and enforcement activities with tobacco retailers, enclosed workplaces, eating establishments and licensed premises.
In the last 12 months, councils have raised with the MAV the need for a state-wide framework for smoking in outdoor public areas, with resolutions being passed at the last two State Council meetings 1 .
The State Council of the MAV has resolved:
That on behalf of Victorian Local Government, the MAV lobbies the State Government to examine a state-wide policy on smoke-free outdoor public places (October 2010)
That the MAV write to the Minister for Health and Ageing, and Federal and State
Members of Parliament supporting the introduction of the Tobacco Plain Packaging Bill
2011, and endorse the development of a Victorian Outdoor Smoking Framework that could be used as the platform to ensure that the State Government develop new laws governing smoke-free zones in designated outdoor areas (May 2011).
As a result of these resolutions, the MAV developed advice to councils about the options available to them to pursue local smoke-free outdoor policies, and sought feedback about the detail of what councils would like to see in a state-wide framework. These were outlined in a
Members Brief circulated in April 2011, with comments requested by end May 2011. In response to requests for additional time to allow councils to consider the recommendations, the closing date for comments was extended to end June 2011.
The recommendations contained in this paper have been developed as a result of this consultative process.
The MAV is also participating in an advisory group established by the Heart Foundation and
Quit Victoria to support councils to consider and develop local laws and policies for smoking in outdoor areas.
1 The policy direction of the MAV is set by its State Council, which consists of representatives of all its member councils. It meets twice yearly.
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The Victorian Government was seen as leading the way when it banned smoking in restaurants and indoor eating establishments in 2000. Although controversial at the time, eleven years on this reform is well accepted and endorsed by the community.
In July 2007 smoking was banned in licensed premises, and outdoor dining or drinking areas with a roof in place and the total area of the wall surfaces exceeded 75% of the total notional wall area. This reform has also been embraced by the community, however from a compliance perspective it has proved complicated to enforce. It has required continued education and enforcement activity to be undertaken with proprietors by council officers.
Since January 2010, smoking has also been banned in cars carrying children under 18 years.
There have also recently been various laws passed with respect to the display and sale of tobacco products.
In recent years, however, Victoria has fallen behind the breadth of tobacco laws introduced in other states. Queensland, Western Australia and South Australia in particular have already, or will be, introducing statewide smoking bans for alfresco dining, children’s playgrounds and beaches. Attachment 1 summarises the status of state laws and policies relating to smoke-free outdoor areas.
A range of agencies have powers to enforce the provisions of the Victorian Tobacco Act 1987.
These include officers from the Department of Health, councils, Victoria Police, Public Transport
Inspectors and WorkSafe inspectors.
There are also a range of federal, state and local government agencies and health organisations which play an important role in running programs to raise awareness of the dangers of smoking and how it can lead to preventable death and/or serious illness, and provision of information and support to assist people give up smoking. These include health organisations such as hospitals and GP’s, advocacy and research organisations such as
VicHealth, Quit Victoria, the Cancer Council Victoria, and the Heart Foundation, to name just a few.
Currently there are no Victorian laws banning smoking in outdoor areas (apart from areas designated as enclosed outdoor dining). The absence of federal and state laws has provided an opportunity for councils to develop their own local laws and/or policies for designated public outdoor areas 2 . A number of councils have done this for some designated public outdoor areas, such as beaches, playgrounds and council buildings. Some examples are provided in
Attachment 2.
A negative consequence of local smoking ban initiatives, however, is that different rules apply to outdoor areas in different municipalities, resulting in confusion for residents and visitors about when and where they are not allowed to smoke.
2 Councils can make local laws under the Victorian Local Government Act 1989 about anything which improves the overall quality of life of people in the local community, and which does not conflict with federal or state laws. Councils also have a function, defined in the Victorian Public Health and Wellbeing
Act 2008 , to protect, improve and promote public health and wellbeing within the municipal district by creating an environment which supports the health of members of the local community, and strengthens the capacity of the community and individuals to achieve better health.
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A number of issues have been considered in the development of the recommendations contained in Section 4 of this report. These have related to:

Where smoking bans are recommended, whether they should be local or state-wide

Cost and level of compliance and enforcement

Whether smoking bans in outdoor areas represents an excessive level of regulation

Meeting national and state public health goals

Consequences of not acting.
4.1 Local law vs state-wide ban
There are pros and cons of having smoking bans which apply to a particular place in a municipality (through a local law) versus uniform bans which have state-wide effect (through a state law). The following table summarises the main benefits and disadvantages of each model.
Type of law Benefits Disadvantage Ways to mitigate disadvantages
State-wide law Consistency across the state
Equity of treatment of affected businesses & organizations
Potential for consistency with other state laws
All Victorians given same options for smoke-free environments
One size does not always fit all situations
Difficult to adjust for unintended consequences
Compliance enforcement costs borne by state government
Local law Allows individual communities to decide what is best for them
Flexibility to tailor to local needs
Different treatment of similar spaces in different locations
Confusing for visitors and/or residents from neighbouring municipalities with different laws
Can lead to inequity of treatment for like businesses & organizations operating in different municipalities
Compliance enforcement costs borne by local ratepayers
Develop principles to govern rationale for state laws being considered
Involve stakeholders in the development of laws to maximize avoidance of unintended or adverse consequences
Community consultation processes can assist to develop local support
Ongoing monitoring can lead to individual adjustments over time
Councils work with neighbouring councils to develop similar laws
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Quit Victoria and the Heart Foundation have recently provided (January 2011) all Victorian councils with a resource kit to assist municipalities to consider and develop local laws and policies for some particular areas as a useful place to start. (Details about the specific outdoor places suggested by the Heart Foundation and Quit Victoria are contained in Fact Sheet 4 of the toolkit, which can be obtained from the website www.heartfoundation.org.au/smokefree ).
In the absence of any specific state bans, the areas proposed by the Heart Foundation and Quit
Victoria continue to be relevant for councils to consider developing local laws and policies.
4.2 Cost of compliance and enforcement
Introducing laws at either state or local level will incur costs to regulatory agencies to the extent to which they are self-enforcing or not.
The experience of many councils that have introduced local laws is that community support and self-regulatory activity mean that bans are largely self-enforced by community members pointing out signage to smokers or visitors. Some councils, however, have allocated specific resources for education and enforcement because they consider additional effort is required over and above self-regulatory behavior.
In respect of state laws, these can be enforced by officers authorized under the Tobacco Act
1987 . Officers from a range of agencies, including Department of Health, councils, Victoria
Police, WorkSafe Victoria and Public transport inspectors are currently authorized. Currently local government officers enforce many of the provisions of the Tobacco Act 1987 with funding provided by the Department of Health.
If state bans for designated public outdoor places were to be introduced, funding would need to be provided by the State Government for appropriate levels of enforcement to occur. This could be achieved by re-prioritising activities undertaken by councils through the current State/local government tobacco education and enforcement activities service agreements.
4.3 Level of regulation
– too much?
Some people oppose the introduction of more smoking laws on the grounds that Australia is already one of the most over-governed countries in the western world, and that further bans are unnecessary and excessive.
There are, however, many examples of restrictions applying to items which can be legally bought for which regulations are strongly supported by communities for the individual and public benefits they provide. Cars are a classic example, with considerable regulation governing the type of cars that can be purchased (safety standards) and registration (restricting who can drive them). There are also laws about how cars are used, driver behaviour such as not using mobile phones, speed limits, etc. Alcohol is also highly regulated through liquor licensing laws and other laws governing use in public places.
These restrictions on legally available products are well recognised for their role in reducing avoidable serious injury and death. Given that smoking directly leads to avoidable serious illness and death, and imposes health, social and workforce costs on the whole community, it is appropriate for governments at all levels to take measures to do what they can to reduce these avoidable costs, and take steps that improve the health and amenity of their citizens.
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4.4 Meeting national and state public health goals
The COAG National Partnership Agreement on Preventative Health (2008) has set benchmarks for reductions in tobacco use across the country, with all Australian and State Governments committed to striving to meet them. The agreement sets a reduction in the state baseline for proportion of adults smoking daily commensurate with a two percentage point reduction in smoking from 2007 national baseline by 2011, 3.5 percentage point reduction from 2007 national baseline by 2013 3 .
To be achieved, these targets require concerted action on a range of fronts by all tiers of government.
4.5 Consequences of not acting
The reasons for making some outdoor areas smoke-free include:

Smoking tobacco products costs lives and good health. In Victoria, smoking costs approximately 4,000 lives and $5 billion each and every year 4 . Second-hand smoke causes early death and disease in children and in adults who do not smoke.

The majority of the community do not smoke, and many support bans in some outdoor areas. A 2009 survey by the Cancer Council of Victoria showed 77% of adults supported a ban at outdoor places where children are present (eg, parks and playgrounds), 71% supported smoke-free outdoor dining and 63% believed smoking should be banned at beaches.
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
Obligations of employers with staff working in outdoor areas likely to be exposed to smoke-drift. This is particularly the case with alfresco dining areas, but may also be relevant for some sporting facilities.

De-normalising smoking is a key strategy to minimise the take-up of smoking. This is of particular benefit for younger people, with the reduction in places where smoking is evident leading children to be less likely to view smoking as socially acceptable.
Research has shown that the majority of smokers make the transition from experimentation to regular smoking during their early twenties.
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
Smoke-free areas support smokers who are trying to quit, and those who are trying to reduce their cigarette consumption. More than half of smokers who tried to quit found that seeing someone with a cigarette was a trigger to relapse, while 40% said that smelling a cigarette was a relapse trigger.
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3 COAG National Partnership on Preventative Health, 2008
4 Victorian Tobacco Control Strategy 2008-2013, foreword
5 Unpublished report by the Cancer Council Victoria, quoted in the Quit/Heart Foundation Resource Kit for
Victorian Local Governments
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Victorian Tobacco Control Strategy 2008-2013, p11
7 Centre for Health Research and Psycho-oncology, Tracking NSW community attitudes and practices in relation to tobacco: A biennial telephone survey, March 2007, unpublished report by the Cancer Council
NSW, quoted in
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
The MAV is also aware from the AMA that it is concerned about the number of minors smoking and accessing tobacco products. Council test purchasing of sales to minor programs show that sales to minors (people under 18 years of age) continue to be constant, with council data reported to the MAV showing a consistent 12-13% rate of sales over the last three years.

Tobacco use generates litter which increases waste management costs for councils.
Cigarette butts are one of the most frequently littered items, constituting 47% of
Victoria’s litter stream 8 . Interestingly, the Victorian Litter Report 2009 suggests that the
7% decrease in butt litter since 2007 may be related to the smoking bans in licensed venues that were introduced in 2007, along with an increase in infrastructure and signage to encourage appropriate disposal of cigarette litter. http://www.cancercouncil.com.au/html/prevention/smoking_tobacco/downloads/SmokeFree_FactSheet1.
pdf
8 Victorian Litter Report 2009, p25
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5.1 State-wide activities
Resolutions of the MAV State Council recommend that a framework be developed by the State
Government to develop new laws governing smoking in outdoor areas.
A mixture of laws, policies and programs would be appropriate to be included in the framework.
It would also be useful for the framework to articulate the range of stakeholders and activities involved in reducing the incidence of smoking in the community. The activities that would be relevant to consider include communication and promotional activities, research and targeted projects. Local government also has a role to play in enabling community consultations and through municipal public health planning.
An example of the sorts of components that could be included in a state-wide framework are set out in the following diagram.
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Policies & programs
Develop policy approach to public outdoor places
Develop criteria to determine where state bans are justified
Promote awareness of benefits of limiting smoking in outdoor public places
Provide funding for council education and enforcement activities relating to outdoor areas
New bans
Introduce bans for alfresco dining areas & children’s playgrounds
Undertake specific projects
Investigate areas that could be considered for smoking bans in areas such as beaches and sporting grounds
Develop model laws and policies to encourage consistent approaches by councils where local laws are initiated
Develop materials for CALD communities
Sponsor ‘local community’ projects targeting under-age smokers in outdoor places
Policies & programs
Develop policies for specific outdoor areas (the Heart Foundation/Quit
Victoria toolkit provides a useful basis for areas to consider)
Include reducing incidence of smoking in the municipality in municipal public health and wellbeing plans
Advocate to state and federal governments about particular issues of concern to the community
Local laws
Where desired by
Council and the community, develop local laws for specific outdoor areas not already subject to state laws
Specific projects
Partnering with state government in targeted projects where social isolation might be exacerbated by outdoor smoking bans
Participating in programs aimed at under-age smokers in outdoor places
* Activities will vary from council to council
Continuation of the variety of research and intervention programs and projects undertaken by, and in partnership with the State Government, by a range of agencies, such as Quit Victoria, Cancer Council Victoria, VicHealth, Heart Foundation and other organisations
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5.1.1 Introduction of state-wide smoking bans
Feedback from councils involved in establishing local laws for some outdoor areas in their municipalities shows that some types of areas are better suited to state-wide laws rather than local laws because it is confusing to have different rules in different municipalities. As a key feature of smoking laws is the way they give power to the community to ask someone to cease smoking, there is a need for clarity about where smoking is not permitted.
Questions also arise about the extent to which Victorian laws lag behind other states, and the consequent lack of uniformity nationally. It would appear that many other states already have, or will shortly be introducing, smoking bans for children’s playgrounds and alfresco dining areas.
In respect of other areas that might be considered for state-wide smoking bans, the MAV recommends that the State Government commences consideration of the sorts of outdoor areas for which it would be more appropriate to have state-wide bans rather than local laws.
Development of published criteria to guide assessment of when state-wide laws are the most effective way to reduce smoking in the community would be useful.
For areas for which there are no other jurisdictional precedents, the MAV recommends that broad community engagement needs to be undertaken to determine levels of support for additional areas to become smoke-free.
The two key areas identified by councils as meeting these criteria for state-wide bans are:
 children’s playgrounds

alfresco dining areas.
In respect of alfresco dining areas, many eating establishments have invested in alterations in recent years to meet new state laws that came into effect on 1 July 2007. The definition of where smoking is allowed in outdoor dining areas has also not been without its complications for councils in relation to enforcing compliance. Councils have also encountered problems with businesses seeking planning or building approval for renovations only to find they may or may not have been compliant with the definition contained in the Tobacco Act 1987.
While the MAV proposes that a state-wide ban on smoking in alfresco dining areas is appropriate for the benefits to be achieved through staff exposure and easier compliance by businesses, there should be a reasonable lead time for commencement.
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5.1.2 Investigation of state-wide bans for other public outdoor places
The types of outdoor areas which warrant further state investigation for smoking bans include those areas where other states have bans, and/or where public health agencies have identified a need (for example areas identified by the Heart Foundation and Quit Victoria). One council has also raised with the MAV the question of whether areas outside school entrances should be smoke-free. The sorts of areas that councils have identified as worthy of investigation include:

Beaches

Sporting grounds

Outside school entrances.
Once particular outdoor areas are identified as meeting the criteria to justify smoking bans, MAV recommends the State Government consult with affected stakeholders to determine appropriate boundaries. For example, should smoking bans for beaches apply to the whole beach area, or just patrolled areas? Should sporting grounds be entirely smoke-free or just close to clubrooms? MAV notes that QUIT Victoria has recently developed a guide for sporting clubs "Going
Smokefree Outdoors - a guide for sporting clubs", which could provide a basis for commencing these discussions.
Not all of the outdoor areas identified by councils come under the purview of local government alone in terms of implementation. For example, any initiative involving potential smoking bans outside school entrances would need to be considered in conjunction with the Department of
Education and Childhood Development.
MAV recommendations
That the State Government initiate state-wide activities, including:
1. Development of a state-wide framework for smoking in outdoor areas and that this framework include a mixture of laws, policies and programs
2. Development of criteria to guide when state-wide tobacco laws are the most effective way to reduce smoking in the community. These criteria should include consideration of:
- the problems that arise where the lack or multiple different council local laws cause undue confusion for residents and visitors
- the benefits that can flow from consistency with laws of other Australian states where this is logical and appropriate
- in relation to land owned by councils, that anti-smoking policies for buildings and land clearly defined as council-owned should be determined by the council, unless there is a state-wide law applying to all workplaces
- that resources are provided by the State Government for enforcement and education activities required to support new state laws
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3. Introduction of state-wide smoking bans for:
- outdoor dining areas
- within 10 metres of children’s playground equipment
4. Investigation of state-wide bans for other public outdoor places, such as:
- beaches
- sports grounds and facilities
- outside school entrances
5. Ensuring that the investigation of other areas that may be suitable for state-wide tobacco laws includes:
- consultation with affected stakeholders
- development of tools to assist community discussion and generate awareness and acceptance of smoking bans in outdoor public places
- development of clear guidance that provides details that will maximise the potential for uniformity to be achieved across the state, regardless of whether they become state laws or are suitable for adoption as local laws
6. Ensuring that any smoking bans for outdoor areas that are initiated by the State
Government and which involve local government support for implementation be accompanied by:
- funding assistance for activities relating to smoking bans in outdoor public places through the current local government service agreement program that provides State Government funding to councils to undertake education and enforcement activities with affected businesses and organisations
- funding assistance for the provision of public signage
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5.2 Partnership programs with local government
The State Government can play an enabling role in leading and developing tools which enable councils to adopt local approaches that meet some level of uniformity beyond municipal boundaries. Examples of activities that could be undertaken are outlined in the sections below.
The MAV does not envisage that any statutory changes need to be made to the Tobacco Act
1987 in respect of councils’ role in education and enforcement activities. The current regulatory environment allows councils to act if they seek to do so, through the automatic authorisation of council environmental health officers to enforce its provisions, and arrangements for the
Secretary of the Department of Health to authorise other local government officers.
5.2.1 Impact of bans on community participation in outdoor areas
Smoking rates remain disproportionately high in some of the most disadvantaged communities in Victoria 9 . The State Government has set strategic targets to reduce smoking among adult
Aboriginal people and other high-prevalence groups by at least 20% in Aboriginal Victorians, and from 20% to 16% in socio-economically disadvantaged groups.
There may be a small risk that banning smoking in some outdoor areas may lead to greater social isolation if people retreat indoors to smoke because it is not allowed in public places.
VicHealth has advised the MAV that despite the risks of possible increased marginalisation away from public outdoor places, the health benefits of reduced smoking rates outweigh possible negative impacts. It advises that there is no evidence of smokers being more socially excluded as a result of bans, although it concedes there has been little or no research in this area. It has found that the greater the number of smoke-free environments, the greater incentives there are to quit. The evidence is that people from low-socio profiles want to quit smoking as much as other segments, but more assistance is required to help them achieve this.
To deal with these concerns, MAV recommends partnership programs between state and local government in locations where councils identify social isolation as a public health priority.
5.2.2 Targeting under-age smoking
It is of concern that 43% of smokers aged 12-17 consider that it is easy to purchase cigarettes for themselves 10 , and more than 80% of smokers become addicted to nicotine as teenagers.
11
Research in the past has indicated that people who start smoking when they are young are more likely to smoke heavily, to become more dependent on nicotine and to be at increased risk of smoking-related illness or death.
9 Victorian Government “Victorian Tobacco Control Strategy 2008-2013 – Consultation Submission Guide
2008”, p3
10 White V, Smith G “Tobacco, alcohol, over-the-counter and illicit substance use among Australian secondary school students”, 2008, Centre for Behavioural Research in Cancer, Cancer Council Victoria
2009 http://www.nationaldrugstrategy.gov.au/internet/drugstrategy/Publishing.nsf/content/school08
11 Scollo, MM and Winstanley, MH [editors]. Tobacco in Australia: Facts and Issues . Third Edition.
Melbourne: Cancer Council Victoria; 2008. Available from: http://www.tobaccoinaustralia.org.au
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While these issues are not directly related to smoking in outdoor areas, they are relevant to consider in the context of how policies and laws for outdoor areas can ‘de-normalise’ smoking, so that young people are less likely to start smoking and as a consequence suffer from the negative effects of tobacco use.
One of the main ways local government is involved in reducing the incidence of under-age smoking is through test purchasing programs which remind tobacco retailers of the risks they take if they sell tobacco products to minors. This is only one strategy, however, with punitive measures only being able to go so far because they rely on evidence of sales to minors.
Additional programs are required to address issues such as over-18 year olds purchasing tobacco products on behalf of minors and peer group pressure that encourages smoking.
MAV recommendations:
That the State Government initiate partnership programs with local government, including:
7. Development of tools and facilitate sharing information and expertise to encourage consistent approaches among councils
8. Mitigation of the impact of bans on community participation in outdoor areas where there may be potential for increased social isolation, such as for those who smoke with a low socio-economic profile, through targeted support programs
9. Ensuring there is information and educational activities available in community languages, and that targeted education programs are undertaken with non-English speaking communities with high levels of smoking
10.
Sponsorship of a ‘local community’ projects targeting outdoor areas where young people tend to congregate to smoke. Schools and other agencies working with young people should be invited to participate in the program
The MAV encourages the State Government to consider the recommendations contained in this report. They have been developed in consultation with Victorian councils, which have a high interest in this issue because of the implications for the amenity of local places and council programs and budgets where council action is required.
Along with other state and health agencies, councils will continue to play an important role in developing local laws where these are demanded by the community, initiate and run local programs to raise attention to the health risks of smoking, and advocate to the Victorian and
Australian governments about ways they can improve the public health of their residents.
As the tier of government dealing with public outdoor spaces, and with close interests in the health of their communities, having councils involved in the development of a state-wide framework for smoking in outdoor areas will maximise the opportunity for it to be successfully implemented.
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Attachment 1: State Government laws/actions for smoke-free outdoor areas
State/
Territory
Outdoor dining areas Children’s playgrounds
Beaches Sporting grounds
NSW
QLD
SA
TAS
Other actions
No state legislation.
30 councils have by-laws
No state legislation but 86 councils have policies and/or bylaws for playgrounds
No state-wide restrictions
15 councils have local laws
No state laws.
68 councils have laws for sports fields and grounds facilities
Discussion paper proposes smoking bans in commercial outdoor eating areas, in public playgrounds and within 10m of children’s play equipment, in and around public swimming pools and public recreation centres, public sporting stadia, public sports grounds, enclosed or covered bus stops and taxi ranks, and within 4m of the entrance to a public building
Also bans at building entrances Banned in alfresco dining areas. Licensed premises may allow max
50% of outdoor unserviced areas for drinking & smoking only
No smoking within
10m of any children’s playground equipment
Bans at patrolled & artificial beaches
Banned at major sports stadia
Proposal to have completely smoke-free dining & drinking by
2016
Proposed ban in alfresco dining areas with a designated outdoor smoking area permitted in licensed premises
Proposal to ban within 10m
Proposed ban
No restrictions
No restrictions
No restrictions Proposals include: bans in covered public transport and taxi waiting areas. Councils and other bodies will be able to apply to have their outdoor area or event declared smoke-free. Point of sale displays banned by January 2012, with an extension to 2015 for specialist tobacconists
Bans in outdoor sporting or cultural venues with reserved seating
Proposal for bans in public swimming pools & sporting venues
Bans within 3 metres of an entrance/exit from a building, within 10 metres of any ventilation equipment in a building, Proposals for smoking banned within 20m of the competition and seating area of all outdoor sporting venues, in pedestrian malls, bus malls and covered bus shelters. Also proposal to restrict use of “traditional” vending machines and confiscating tobacco products from children
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State/
Territory
VIC
Outdoor dining areas Children’s playgrounds
Banned when outdoor area becomes ‘enclosed’ with a roof & 75% walls
No state-wide restrictions
Some councils have local laws
WA
NT
ACT
Beaches Sporting grounds Other actions
No state-wide restrictions
Some councils have local laws
No state-wide restrictions
Some councils considering local laws
Target of reducing smoking among adults from
17.3% to 13.8% by 2013. In the State Election
Leaders’ Debate on 5 November 2010, then
Opposition Leader Ted Baillieu said he would be supportive of considering bans on smoking in public places if this was a recommendation from VicHealth
Banned No smoking within
10 metres of equipment
Banned between the flags
No restrictions Outdoor dining and drinking areas. Licensed premises may allow a max 50% of outdoor area for smoking only
No restrictions
Banned in alfresco dining and drinking areas, but pubs & clubs may have 50% of outdoor, unserviced areas designated for smoking
No restrictions No restrictions
No restrictions
No restrictions
No restrictions
The owner/operator of a public venue may declare any public outdoor area to be smoke-free. Also
Bans at shared accommodation, educational facilities, an entrance area and air-conditioning inlet area
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Attachment 2: Examples of activities undertaken by local government
Victorian Councils
Councils in other states
Examples of recent momentum to ban smoking in outdoor areas

Many councils have smoke-free policies for their workplaces, and some councils have local laws for designated outdoor areas

Many councils include reducing the incidence of smoking in the community as an priority in their Municipal Public Health and
Wellbeing Plans

Monash, Mo onee Valley and Moreland City Councils ban smoking in children’s playgrounds

Monash City Council is developing laws to ban smoking at all council owned swimming pools, adjacent to designated buildings at sporting and recreation reserves, on designated council owned or managed land, buildings and facilities, in areas adjacent to the entrance of council owned buildings and at council-run or sponsored events

Frankston City Council has banned smoking in an outdoor shopping mall

Surf Coast Shire Council and Port Phillip City Council have local laws banning smoking on foreshores

Yarra City Council is considering bans similar to those being considered by Monash City Council.

Hobsons Bay City Council will have smoke-free playgrounds and beaches later this year

Baw Baw Shire Council will undertake a 12 month trial of smoke-free outdoor areas commencing on 1 August 2011. This will include bans in pedestrian areas in central activity districts, playgrounds, council events, within 10 metres of council buildings, alfresco dining areas, near bus stops/taxi ranks, within 10 metres of entrances to club rooms and canteens at sporting facilities and playing fields

As of July 2011, 58% of NSW councils have introduced some form of smoking ban or policy relating to outdoor areas

30 NSW councils have laws banning smoking in alfresco dining areas

In WA, several councils have implemented smokefree outdoor areas at beaches, alfresco dining areas and children’s playgrounds

Brisbane City Council has announced its intention to ban smoking in its pedestrian mall

Several Tasmanian councils have adopted smoke-free policies in outdoor areas, including Hobart City Council and
Launceston City Council
International examples
One third of all New Zealand councils have policies restricting smoking in playgrounds, parks, swimming pools and reserves
Over 450 parks and 200 beaches have smoking bans in the USA 12
31 municipalities in Canada have some form of outdoor smoking bans in parks and playgrounds, including Vancouver, Toronto and Halifax 13
12 http://www.no-smoke.org/goingsmokefree.php?id=519#outdoor
13 http://www.cancer.ca/Alberta-NWT/How%20you%20can%20help/AB-Take%20action/Advocacy%20in%20Alberta-NWT/Smokefree%20legislation%20in%20Alberta-NWT/Smoke-free%20parks%20and%20playgrounds.aspx?sc_lang=en#Smokefree%20parks%20and%20playgrounds%20in%20Canada )
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