sec.138Obligations of liquor licensee of premises with designated outdoor smoking area

sec.138 Obligations of liquor licensee of premises with designated outdoor smoking area

This section applies to the liquor licensee of premises at which there is a designated outdoor smoking area. The liquor licensee must ensure that, in the designated outdoor smoking area— no food or drink is served; and no food is consumed; and no entertainment is offered; and there are no gaming machines; and there are no children in the area. Maximum penalty—140 penalty units. Subsection (2) (e) does not apply in relation to a child if the child merely walks through the designated outdoor smoking area. The liquor licensee must ensure the designated outdoor smoking area and its buffers comply with section 137 (5) to (8) . Maximum penalty—140 penalty units. The liquor licensee must— prepare, and keep up-to-date, a smoking management plan complying with section 139 ; and display a notice in or near the designated outdoor smoking area stating that the smoking management plan is available for perusal by customers on request; and make the plan available for perusal on request by a customer; and produce the plan for inspection on request by an authorised person. Maximum penalty—70 penalty units. The liquor licensee must not allow anyone to smoke anywhere in the licensed outdoor area of the premises other than the designated outdoor smoking area. Maximum penalty—140 penalty units. s 138 ins 2004 No. 47 s 40 amd 2006 No. 46 s 293 ; 2023 No. 16 ss 43, 3 sch 1 (sec.138-ssec.1) This section applies to the liquor licensee of premises at which there is a designated outdoor smoking area. (sec.138-ssec.2) The liquor licensee must ensure that, in the designated outdoor smoking area— no food or drink is served; and no food is consumed; and no entertainment is offered; and there are no gaming machines; and there are no children in the area. Maximum penalty—140 penalty units. (sec.138-ssec.3) Subsection (2) (e) does not apply in relation to a child if the child merely walks through the designated outdoor smoking area. (sec.138-ssec.4) The liquor licensee must ensure the designated outdoor smoking area and its buffers comply with section 137 (5) to (8) . Maximum penalty—140 penalty units. (sec.138-ssec.5) The liquor licensee must— prepare, and keep up-to-date, a smoking management plan complying with section 139 ; and display a notice in or near the designated outdoor smoking area stating that the smoking management plan is available for perusal by customers on request; and make the plan available for perusal on request by a customer; and produce the plan for inspection on request by an authorised person. Maximum penalty—70 penalty units. (sec.138-ssec.6) The liquor licensee must not allow anyone to smoke anywhere in the licensed outdoor area of the premises other than the designated outdoor smoking area. Maximum penalty—140 penalty units.

• (a) no food or drink is served; and