AHA (Vic) Objective

1

• AHA (Vic) Objective
• To achieve an accessible smoking option for all
  pubs/hotels in Victoria.

2
PROHIBITION ON SMOKING WITHIN ENCLOSED LICENSED
WORKPLACES

• From 1 July 2007 all enclosed licensed premises
  must be smoke free.
• Guest accommodation rooms and private residential
  areas of pubs and hotels are exempt from the
  restrictions.
• Definition of enclosed
• An area, room or premises that is or are
  substantially enclosed by a roof and wall
  regardless of whether the roof or walls or any
  part of them are permanent or temporarily opened
  or closed.
• Definition of wall
• Includes any structure or device (whether fixed
  or movable) that prevents or significantly
  impedes lateral airflow, including a window or
  door.

3

• Definition of outdoor dining or drinking area
• Any of the following outdoor areas that is
  predominately used for the consumption of food or
  drinks or both
• a balcony
• a courtyard
• a rooftop
• a marquee
• a street or footpath
• or any similar outdoor area
• A person must not smoke in an outdoor dining or
  drinking area if
• the area has a roof and walls in place, and
• the total actual area of the wall surfaces
  exceeds 75 of the total notional wall area.
• The total notional wall area means what would
  be total area of the wall surfaces if the walls
  were
• at the perimeter of the roofed area
• continuous, and
• of a uniform height equal to the lowest height of
  the roof

4

• Defences
• It is a defence by the occupier to a prosecution
  in respect of an area where smoking is prohibited
  if the defendant proves that
• an ashtray, matches or any other thing designed
  to facilitate smoking was not provided by the
  defendant, and that
• the defendant was not aware, and could not
  reasonable be expected to have been aware, that
  the contravention was occurring, or
• the defendant requested the person contravening
  to stop smoke and informed the person that they
  were committing an offence
• Penalty 5 points

5

• Complying Model 1
• An addition to the property providing for an
  open deck/floor/space with no roof/cover and
  open-sides.
• The open top and open sides are not over
  built/enclosed by existing and/or adjacent
  buildings, awnings or roofs and the sides are not
  enclosed by adjacent buildings or fences/walls.
• As the model has no roof smoking is permitted in
  the area.

Plan
Perspective
6

• Complying Model 2
• An addition providing for deck/floor/space with
  no roof/cover and one open wall.
• The open top is not over built/enclosed by
  existing and/or adjacent buildings, fixed awnings
  or roofs. The open side is not enclosed by
  adjacent buildings or fences/walls.
• As the model has no roof smoking is permitted in
  the area.

Plan
Perspective
7

• Complying Model 3
• An addition providing for an open
  deck/floor/balcony/space addition to the
  front/back or side of a building with open top
  and enclosed side walls.
• The open top is not over built/enclosed by
  existing and/or adjacent buildings, fixed awnings
  or roofs.
• As the model has no roof smoking is permitted in
  the area.

Plan
Perspective
8

• Complying Model 4
• An addition providing for an open front
  verandah/roof addition to the front/back or side
  of a building with open ends.
• The open front and sides are not enclosed by
  adjacent buildings or fences/walls.
• As the total actual wall space does not exceed
  75 of the nominal wall space smoking is
  permitted in the area.

Plan
Perspective
9

• Complying Model 5
• An addition providing for an open front
  verandah/roof addition to the front/back or side
  of a building with one open end and one closed
  end, with at least 25 of the wall space open.
• The open front and side are not enclosed by
  adjacent buildings or fences/walls.
• As the total actual wall space does not exceed
  75 of the nominal wall space smoking is
  permitted in the area.

Plan
Perspective
10

• Complying Model 6
• An addition providing for an open front
  verandah/roof addition to the front/back or side
  of a building with closed ends, with at least 25
  of the wall space open.
• The open front is not enclosed by adjacent
  buildings or fences/walls.
• As the total actual wall space does not exceed
  75 of the nominal wall space smoking is
  permitted in the area.

Plan
Perspective
11

• Complying Model 7
• An addition/insertion providing for an open
  front and open deck/floor/balcony with a
  contiguous portion of deck/floor/balcony inside
  the building, to the front/back or side of a
  building with closed ends.
• The area under the roofline has at least 25 of
  the wall space open to the air, the area beyond
  the roofline has no roof. If the external area
  also has a roof at least 25 of the combined
  internal and external wall space must be open.
• The open top is not over built/enclosed by
  existing and/or adjacent buildings, fixed awnings
  or roofs and the open front is not enclosed by
  adjacent buildings or fences/walls.

Plan
Perspective
12

• Complying Model 8
• An insertion providing for an open front
  deck/floor/balcony insertion to the
  front/back/side of the building, with at least
  25 of the wall space open.
• The open front is not enclosed by adjacent
  buildings or fences/walls.
• As the total actual wall space does not exceed
  75 of the nominal wall space smoking is
  permitted in the area. The area must be clearly
  separated and distinguishable from the enclosed
  premises and designed for exposure to weather.

Plan
Perspective
13

• Complying Model 9
• An insertion by an intersection corner providing
  for open fronts.
• The open front is not enclosed by adjacent
  buildings or fences/walls.
• As the total actual wall space does not exceed
  75 of the nominal wall space smoking is
  permitted in the area.

Plan
Perspective
14

• Complying Model 10
• An insertion providing for an internal courtyard
  / beer garden / deck / floor.
• The open top is not over built/enclosed by
  existing and/or adjacent buildings, fixed awnings
  or roofs.
• As the model has no roof smoking is permitted in
  the area. The area may also be partially roofed
  provided that greater than half the total area is
  open to the air. In which case smoking is
  permitted in the entire area.

Plan
Perspective