Information about ‘all reasonably practicable steps’ for licensed premises - HE1562

Information for licensees covering:

• an explanation of ‘all reasonably practicable steps’
• guidelines for compliance
• offences and fines.

The Smokefree Environments Act 1990 extends the protections for workers, volunteers and the public, particularly against exposure to second-hand smoke. The Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 extends the requirement of ALL Smokefree workplaces to be Vapefree. The intention is to send a positive message about a Smokefree/Auahi Kore and a Vapefree/Hākohu Kore lifestyle being both desirable and the norm.

The licensee of any licensed premises is required to take ‘all reasonably practicable steps’ to ensure that no person smokes or vapes on their premises. For the purposes of the Act, all reasonably practicable steps are all the steps that a reasonable and prudent person would take in the circumstances. A failure to take such steps will be a breach of the law under the Smokefree Environments and Regulated Products Act 1990 (SERPA).

Smoking and vaping in prohibited areas should be treated like any other form of inappropriate behaviour on licensed premises and intervention will be necessary.

Plan

Every premises will need to have a plan – a set of procedures for intervention to deal with a person smoking or vaping in a prohibited area. The plan should be tailored to the individual premises.

Where a patron smokes or vapes in a prohibited area, intervention by staff and/or management will be required. The fact that intervention may be difficult or risky does not lessen the licensee’s responsibility to intervene. Rather, such factors emphasise the need for a safe and appropriate plan that provides a clear and tangible set of procedures for staff to follow in any given situation, and the need for training for all staff on the plan.

The plan should include the following sorts of procedures:

• door staff requiring a patron entering the premises whilst smoking or vaping to stop before they can enter, and advising that smoking and vaping is not permitted inside the premises
• management and staff requiring a patron who is smoking or vaping to stop and ensuring that they do so if they wish to remain inside
• management and staff requiring a patron who refuses to stop smoking or vaping when asked to do so to leave the premises and ensuring that they do leave or stop smoking or vaping if they wish to remain.

Ashtrays

All ashtrays should be removed from all internal areas. Ashtrays or sandboxes should be provided at all the principal entrances to the premises.

Signage

Smokefree/Vapefree signage stating that there is a total prohibition on smoking or vaping inside the premises should be clearly displayed at all the principal entrances to the premises.

Smokefree/Vapefree signage should also be clearly displayed in all internal areas. If there are any open areas on the premises where smoking and vaping is permitted, such areas should be identified on the signs.

Training

All staff should receive training on the plan for addressing people who smoke or vape in a prohibited area.

New staff should receive training as part of initial induction procedures for the premises, such as health and safety and licensing responsibilities. All new staff should be trained and supervised by staff who have been trained on, and who are experienced in, dealing with the plan.

Regular staff training should reinforce the plan for existing staff on an on-going basis.

Policies and procedures (house rules)

Policies and procedures (house rules) should include a statement about how an employee will deal with any person who smokes or vapes.

Vending machines

Access to vending machines is restricted to staff on the premises. Members of the public (18 years and over) may buy cigarettes or vapes from the vending machine by asking an employee, who may use a remote controlled device.

Vending machines must comply with any requirements for health messages to be displayed, even though the public may not have visual access to the machine.

Offences and fines

Failure to take all reasonably practicable steps to prevent someone from smoking or vaping in an internal area in a licensed area may result in a maximum fine of $400 for individual licensees, and $4,000 for bodies corporate.

Enforcement

Designated Smokefree Enforcement Officers have limited enforcement powers to investigate complaints against licensees, for example, to:

• enter and inspect premises at a reasonable time
• take air samples.

Obstruction

The maximum fine for obstructing an Enforcement Officer exercising their powers or failing to provide the information required is $1,000

Further information

These guidelines are intended to provide general information on the standard of all reasonably practicable steps under the Smokefree Environments and Regulated Products Act 1990. It should not be used as a substitute for legal or other expert advice. The Ministry of Health does not accept any responsibility or legal liability whatsoever for any actions taken or not taken in reliance on the information contained in these guidelines.

Please refer to further information sheets about smokefree law relating to workplaces and open and internal areas.

For further information on tobacco, health and the Smokefree Environments and Regulated Products Act 1990 visit:

• Internal and open areas under the Smokefree Environments and Regulated Products Act 1990 | Ministry of Health NZ
• HealthEd

Or contact the Public Health Service in your local region.

Use the online form at info.health.nz/TellUs for any SERPA questions, queries or complaints.