The creation of a designated outdoor smoking area (DOSA) at a venue places specific legal obligations on licensees and approved managers.
According to the Tobacco and other Smoking Products Act 1998:-
- A DOSA is a dedicated outdoor licensed area where a person may take a drink and have a cigarette break before returning to his group or companion
- While drinks taken into the DOSA may be consumed, the supply of alcohol, food or entertainment to a person in a DOSA is prohibited
- If you choose to have a DOSA, you need an up-to-date Smoking Management Plan
A DOSA should be managed so that it is used only as intended by law i.e. it is not a de facto beer garden. The DOSA should be kept clean and presentable and remember, excessive noise emanating from a DOSA is a common complaint.
Responsible Managers understand that where these best practice recommendations are inconsistent with a legal standard under the Liquor Act or Liquor Regulation that specifically applies to your venue including a condition of licence, then you are obligated to follow that legal standard.