All Victorian restaurants, cafes, shopping centres and licensed venues are now smoke-free in accordance with the Tobacco Act 1987. Council's Environmental Health Officers monitor businesses and provide education about their obligations under the Act.

Instances of smoking witnessed in food businesses should be reported firstly to the manager of the business and then brought to the attention of Council's Health Services if not dealt with immediately.


View a copy of the Victorian Tobacco Control Strategy which outlines the Government's five year plan for tobacco control in Victoria.

Council has an obligation under the Tobacco Act 1987 to enforce all legislation relating to the display and sale of tobacco and smoking in public places.

Information for Tobacco Retailers

Retailers that sell tobacco have obligations under law in regard to the display and sale of tobacco products. Council's Environmental Health Officers inspect, provide education and enforce the regulations relating to the display and sale of tobacco in Frankston City.

Sales to Minors

It is an offence for any person to sell cigarettes, cigars or loose tobacco to any person under the age of 18. This includes over the counter sales and sales from tobacco vending machines.

Council's Health Services conducts test purchasing of tobacco to minors. Test purchasing involves the employment of underage persons who whilst under the supervision of an Environmental Health officer attempts to purchase cigarettes. In this way, Council is able to test the proprietor's adherence to legislation in regard to sales to minors.

A person who sells tobacco to a minor may receive a fine or be prosecuted, as may the manager/proprietor of the shop. Any instances of sale of cigarettes to minors should be reported to Council's Health Services immediately.


Smoking in public places and workplaces

  • Dining Venues / Shopping Centres - Smoking in restaurants, cafes and shopping centre's is prohibited in Victoria
  • Gaming and Licensed Venues - A total ban on smoking in all gaming and licensed premises came into operation in Victoria in 2008
  • Workplace - Smoking is prohibited in all enclosed workplaces whether or not the people working at the workplace are paid or are volunteers
  • Smoking is also prohibited in all covered areas of train platforms, tram shelters and bus shelters
  • Smoking is permitted in outdoor dining or drinking areas unless the area has a roof in place and walls that cover more than 75 per cent of the total notional wall area

This applies to any outdoor dining or drinking area, such as those attached to restaurants, cafes, licensed premises and other workplaces:

  • Balconies or verandas
  • Courtyards
  • Rooftops
  • Marquees
  • Street or footpath

Individuals who smoke in a prohibited area may receive an infringement notice or a fine if an offence is proven in court. Proprietors/Managers (a person aged over 16 years of age who is in control of the area or premises) may also face similar penalties if they allow smoking or fail to display acceptable No Smoking signage.

Local councils undertake the majority of the enforcement of the tobacco laws. Victoria Police, authorised transport officers and WorkSafe Victoria also have enforcement roles.

Victorian Government Smoking Bans

Smoking is banned on the grounds of, and within four metres of an entrance to, childcare centres, kindergartens, preschools, primary and secondary schools.

Smoking is also banned within four metres of an entrance to children’s indoor play centres, public hospitals, registered community health centres and certain Victorian Government buildings.

These changes have been put in place to protect the community from exposure to second-hand tobacco smoke, further de-normalise smoking in the community, and support people who have quit or are trying to quit smoking.

Contact Us

Frankston City Council
30 Davey Street
Frankston 3199
P. 1300 322 322

Back to top