Public Buildings

A public building is any place where people gather for events, performances, learning, or entertainment. This includes venues like pubs, nightclubs, small bars, theatres, cinemas, training centres and private schools. Public events are also classed as public buildings.

Definition in Law

Under the Health (Miscellaneous Provisions) Act 1911, a public building can include:

  • Buildings or places where people assemble for:
    • Civic, theatrical, social, political or religious purposes
    • Education
    • Entertainment, recreation or sport
    • Business purposes
  • Any tent, structure, gallery, enclosure, platform or other place where groups of people gather—regularly or occasionally.

Who Regulates Public Buildings?

Environmental Health Officers (EHOs) are responsible for approving and regularly assessing all public buildings under the Health (Public Buildings) Regulations 1992.

Each building is issued with a capacity certificate based on its floor area, exits, and toilet numbers.

Some buildings may also need a building permit and are assessed under both the National Construction Code and the Public Buildings Regulations.

Application Process

If you want to open a premises that could be classed as a public building, you must meet Planning and Building requirements before submitting your Public Building forms.

Our EHOs are available to discuss your proposal and help complete the forms.

Licensed Premises

For questions about liquor or gaming licences in a public building, contact the Department of Local Government, Sport and Cultural Industries — Racing, Gaming and Liquor.

Smoking Restrictions in Outdoor Eating Areas

Food and beverage businesses must comply with the Tobacco Products Control Regulations 2006. These laws reduce exposure to second-hand smoke and create safer outdoor environments.

Where Smoking is Banned

  • In outdoor eating areas unless designated as a smoking zone
  • Within 5 metres of a public entrance to an enclosed public place
  • Within 10 metres of air-conditioning intakes

Designated Smoking Zones

Licensed businesses (except restaurants with liquor licences) may allocate up to 50% of an outdoor area as a smoking zone, provided that:

  • No ceiling or roof structure is present
  • Walls enclose less than 50% of the space
  • Clear signage shows where smoking is allowed

Enforcement

Business owners must take reasonable steps to prevent smoking in smoke-free areas, such as:

  1. Advising patrons that smoking is not allowed
  2. Asking them to extinguish their cigarette
  3. Directing them to a smoking zone

Fines can be issued to both patrons and businesses for breaches.

Go 100% Smoke-Free

Consider adopting a completely smoke-free policy. It protects staff and customers, enhances the dining experience, and reduces compliance risks.

Quick Compliance Checklist

  • Check your liquor licence is valid
  • Smoking zones must not exceed 50% of outdoor area
  • No roofs or heavy enclosures in smoking zones
  • Keep a 5-metre smoke-free buffer at entrances
  • Keep a 10-metre no-smoking buffer near air intakes
  • Install “No Smoking” signage
  • Remove ashtrays from non-smoking zones
  • Train staff on enforcing rules

Download Smoking Restrictions Factsheet (PDF)

Forms and Resources