Smoking and vaping in public places
Smoking and vaping are prohibited in many public places under Western Australia’s tobacco control legislation.
These laws help protect the community from exposure to second-hand smoke and vape emissions.
This page provides information for owners and occupiers to support compliance with the legislation. For general information about smoke-free and vape-free public places, visit HealthyWA.
Enclosed public places
Smoking and vaping are not permitted in enclosed public places. A public place is considered enclosed if it has:
- a ceiling or roof, and
- walls or other vertical structures that cover more than 50 per cent of the area.
When working out if a place is more than 50 per cent enclosed:
- include the surface area of walls, or other vertical structures or coverings under the roof
- include structures or coverings within 1 meter of the roof edge
- include windows, doors and other closable openings (whether open or closed).
The restrictions apply
- inside all buildings and enclosed areas
- within 5 metres of entrances
- within 10 metres of air-conditioning intakes.
Outdoor eating areas
An outdoor eating area is a public place, or part of a public place, that:
- is provided on a commercial basis for people to consume food or drink while sitting at tables, and
- is not enclosed.
This includes outdoor areas at restaurants, cafes and other similar venues.
Outdoor eating areas must be smoke-free and vape-free.
Liquor licensed premises
Liquor licensed premises that are not operating under a restaurant licence may provide a designated smoking and vaping zone in an outdoor eating area.
If a smoking or vaping zone is provided, the following requirements apply:
- the zone must not cover more than 50 per cent of the outdoor eating area
- the zone must not be in an enclosed public place
- the zone must be at least 5 metres from a public entrance
- smoke-free and vape-free areas must be clearly identified with signage.
Providing a smoking and vaping zone is not mandatory. Premises may choose to make all areas smoke-free and vape-free, including outdoor areas.
Owners and occupiers are encouraged to minimise exposure to second-hand smoke and vape emissions to protect staff and patrons.
Protection of employees
Employees must not be required to work in a designated smoking or vaping zone and cannot be dismissed for refusing to do so.
Mandatory signage
If smoking or vaping is permitted in a designated area, the smoke-free and vape-free areas must be clearly identified with signage.
‘No smoking or vaping’ signs must:
- be placed in sufficient locations to be easily seen
- be clearly visible from entrance to all smoke-free and vape-free areas.
The Department of Health has ‘no smoking or vaping’ signage available to order.
Preventing smoke or vape drift
Owners/occupiers must take reasonable steps to prevent smoke or vape emissions from entering the indoor areas.
Examples include:
- closing doors or windows
- displaying clear ‘no smoking or vaping’ signage
- locating smoking or vaping areas away from entrances, windows and ventilation
- taking other practical actions to prevent smoke or vape drift.
Ashtrays or similar items should not be placed in or near smoke-free or vape-free areas.
Responding to non-compliance
Smoking or vaping in an enclosed public place is an offence. An occupier may also commit an offence if no action is taken.
Non-compliance should be actively enforced in line with other venue policies (for example dress standards or behaviour requirements).
Suggested steps
- Inform the person that smoking or vaping is not permitted and an offence is being committed.
- Request that the person stops smoking or vaping and that the product is disposed of properly.
- If they refuse, request that they leave the premises until finished.
Taking these steps may assist as a defence to prosecution.
Occupiers are encouraged to ensure all employees understand the laws and know how to respond to non-compliance.
Shisha and the law
Shisha is subject to the same legal requirements as other tobacco products like cigarettes. This includes herbal and ‘tobacco-free’ shisha products.
Shisha must not be used in enclosed public places or in outdoor eating areas at restaurants or cafes. Shisha may only be used in designated smoking areas where permitted (such as certain liquor licensed premises).
For further information about selling shisha, see Information for tobacco sellers.
Private functions and accommodation
Private functions
A private function (for example, a wedding or birthday party) in a public venue may not be considered a public place during the period of hire if attendance is by invitation only. However, venue conditions continue to apply. The owner or occupier may require the function to be completely smoke-free and vape-free.
Events for club or organisation members (e.g. sporting clubs or groups with membership fees), are not private functions. Smoking and vaping are not permitted in enclosed areas at these events.
Accommodation
Private guest rooms in hotels and motels are not public places. However, these rooms may be designated smoke-free and vape-free by the owner or occupier.
All shared or common areas must be smoke-free and vape-free. This includes corridors, foyers, lobbies and public toilets.
Enforcement and penalties
If a person smokes or vapes in a smoke-free and vape-free area, penalties may include:
- on-the-spot fine: $500
- maximum penalty: $2,500
The owner or occupier may commit an offence if no action is taken to prevent or stop someone person from smoking or vaping on their premises.
- on-the-spot fine: $500 (individual), $1000 (body corporate)
- maximum penalty: $2,500
Last reviewed: 19-06-2026
Produced by
Tobacco Policy and Reform