Tobacco Safety and Health
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All Victorian restaurants, cafes, shopping centres and licensed venues are now Smoke free in accordance with the Tobacco Act 1987. Environmental Health Officers monitor businesses and provide education about their obligations under the act.
Instances of smoking witnessed in food businesses should be reported firstly to the manager of the business and then be brought to the attention of Council's Health Services if not dealt with immediately.
Standards
On 22 December 2008 the Minister for Health announced the release of the Victorian Tobacco Control Strategy which outlines the Government's five year plan for tobacco control in Victoria.
Council has an obligation under the Tobacco Act 1987 to enforce all legislation relating to the display and sale of tobacco and smoking in public places.
Tobacco Retailers
Information for tobacco retailers
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Councils Environmental Health Officers inspect, provide education and enforce the regulations relating to the display and sale of tobacco in the City of Frankston.
Sales to minors
It is an offence for any person to sell cigarettes, cigars or loose tobacco to any
person under the age of 18. This includes over the counter sales and sales from
tobacco vending machines.
Councils Health Services conducts test purchasing of tobacco to minors in the City of Frankston. Test purchasing involves the employment of underage persons who whilst under the supervision of an Environmental Health officer attempts to purchase cigarettes. In this way, Council is able to test the proprietor's adherence to legislation in regard to sales to minors.
A person who sells tobacco to a minor may receive a fine or be prosecuted, as may the manager/proprietor of the shop.
Any instances of sale of cigarettes to minors should be reported to Councils Health Services immediately.
Venues
Smoking in public places and workplaces
- Dining Venues / Shopping Centres - Smoking in restaurants, cafes and shopping centre's is prohibited in Victoria.
- Gaming and Licensed Venues - A total ban on smoking in all gaming and licensed premises came into operation in Victoria in 2008
- Workplace - Smoking is prohibited in all enclosed workplaces whether or not the people working at the workplace are paid or are volunteers.
- Smoking is also prohibited in all covered areas of train platforms, tram shelters and bus shelters.
- Smoking is permitted in outdoor dining or drinking areas unless the area has a roof in place and walls that cover more than 75% of the total notional wall area.
This applies to any outdoor dining or drinking area, such as those attached to restaurants, cafes, licensed premises and other workplaces.
- Balconies or verandas
- Courtyards
- Rooftops
- Marquees
- Street or footpath
Individuals who smoke in a prohibited area may receive an infringement notice or a fine if an offence is proven in court. Proprietors/Managers (a person aged over 16 years of age who is in control of the area or premises) may also face similar penalties if they allow smoking or fail to display acceptable No Smoking signage.
Local councils undertake the majority of the enforcement of the tobacco laws. Victoria Police, authorised transport officers and Work Safe Victoria also have enforcement roles.
Contact Us
For further information contact Environmental Health Officer on (03) 9768 1317 or via e-mail correspondence@frankston.vic.gov.au.
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