The environmental health team assists the Department of Health in providing advice and services to different businesses and the community affected by the Tobacco Act 1987 (the Tobacco Act). 

Under the Tobacco Act smoking and the use of e-cigarettes (vaping) is prohibited in all enclosed workplaces and certain public spaces where members of the public gather.  This is because there may be exposure to second-hand tobacco smoke and the aerosol (vapour) from e-cigarettes. 

Further information about all smoke-free and vape-free areas is available on the Department of Health’s Smoke and vape-free areas web page

Outdoor dining and drinking areas 

Under the Tobacco Act smoking and vaping is banned in outdoor dining areas.

To support smoke-free outdoor dining, outdoor drinking areas where smoking is permitted under certain conditions must be separated from outdoor dining areas. If the separation requirement is not met, smoking is banned in the outdoor drinking area.

Venues must also display acceptable ‘No smoking’ signage to indicate smoke-free areas.

Council inspectors routinely check venues to ensure compliance with smoking bans and to also provide tobacco education to venue operators.

Both the business owner/manager of the venue and individual smokers can be fined for smoking in outdoor dining areas.

The Department of Health has smoke-free outdoor dining factsheets for business, events, food fairs and community

Tobacco retailers 

The sale of tobacco to persons under the age of 18 is prohibited and can attract fines, and/or prosecution to both the person who sold, and the business owner. 

The environmental health team monitors tobacco retailers (including vending machines) within the municipality to ensure they comply with laws related to the sale of tobacco products.
Complaints or concerns about tobacco retailers can be directed to the environmental health team on 1300 656 564 or If deemed necessary, council may be required to refer complaints to other agencies like Victoria Police.

Find out more about requirements for tobacco retailers

Retailers’ guide to tobacco

Signage and resources

A range of printed resources and signage for retailers and venues can be ordered free of charge from the Department of Health. Some signage and retailer resources are also available at the council’s Port Fairy Office. 

Public resources and no smoking signs - online order form 

Tobacco retailers - online order form 

‘No Smoking or Vaping’ printable signage is now available.

Please note - the Tobacco Act currently only requires ‘No Smoking’ signage, so the use of ‘No Smoking or Vaping’ signage is voluntary.