On 31 July 2006 the WA State Government prohibited smoking inside previously exempt areas of licensed venues such as pubs, clubs and nightclubs.

The previous definition of “enclosed public place” had, for many years, caused operational uncertainty and interpretational difficulties for the WA Department of Health (DOH), local government and occupiers of venues in the hospitality industry.

Discussion:

It is critically important for occupiers of enclosed public places, enforcement authorities and the general public to be able to have a clear understanding of what constitutes a substantially enclosed public place. Lack of clarity undermines public perception and creates opportunities for loopholes or lapses in proper enforcement.

Since the initial introduction of smoking in enclosed public places legislation in 1999, the DOH policy guideline on whether or not an area is substantially enclosed had been ‘an area is deemed to be substantially enclosed if it is capable of being enclosed by vertical surfaces (e.g. walls), windows, doors or other closable openings so that when the closable openings are closed the area is greater than 50% enclosed'. Industry had generally accepted this policy guideline. As a result, it was never been challenged in a legal context.

Conclusion:

The process of research, consultation and lateral thinking undertaken to arrive at a superior definition to underpin this key legislative reform provides a fascinating insight into the ‘nuts and bolts' of developing workable legislation and public policy.

Presentation withdrawn