Council calls for planning reform & funding certainty on tobacco trade
Published on 08 August 2025
Frankston City Council is advocating for planning reforms to regulate the location of tobacco retailers and is calling on the State Government to provide funding certainty for its role in tobacco education and compliance beyond June 2026.
The push follows the introduction of the new Victorian Tobacco Business Licensing Scheme on 1 July 2025. While the scheme introduces state-level licensing for tobacco retailers, Council is concerned that without complementary planning controls, communities remain vulnerable to health and safety risks—particularly for young people.
Frankston City Deputy Mayor Steffie Conroy said Council wants to ensure tobacco outlets are prohibited from opening near schools or clustering in ways that negatively impact local communities and surrounding businesses.
“We don’t need tobacco or vape stores near places where our children learn and play. We’re calling for common-sense reforms that protect young people and improve community safety,” she said.
Frankston City Council will now work with the Municipal Association of Victoria (MAV) to advocate for statewide planning reforms that treat tobacco retail as a defined land use requiring planning approval.
Council is calling for a model similar to the existing planning controls for adult-only shops.
Currently, tobacco retailers are treated like any other convenience shop in Victorian Planning Schemes, as there is no land use definition for tobacconists. This has raised concerns about shops selling tobacco products opening close to schools, clustering in neighbourhoods, and contributing to crime, insurance issues, and a rise in antisocial behaviour.
“There are specific land use definitions for beauty salons and bottle shops, but not for tobacconists. Given the health and community safety risks they pose, this is unacceptable,” the Deputy Mayor said.
In addition to planning reform, Council is seeking long-term funding certainty from the State Government to continue its essential work in tobacco compliance and education—particularly efforts to prevent cigarette and vape sales to minors.
In April of this year alone, Environmental Health Officers conducted 38 tobacco test purchases at retailers across the community. Three retailers failed the test and sold tobacco to a minor. A second round of 32 test purchases was carried out in June, with two retailers again found to be non-compliant. In both cases, the minor involved was just 15 years old.
This 93% compliance rate highlights the effectiveness of Council’s combined education and enforcement approach. While most businesses are doing the right thing, those found breaching the law face serious consequences, including financial penalties and potential prosecution.
In addition, Environmental Health Officers have conducted 147 educational visits so far this year across Frankston City at tobacco retailers and hospitality venues, providing guidance on smoke-free areas and retailer compliance. They have also responded to nine referrals from Victoria Police and the public regarding non-compliance at tobacco retailers.
Currently, Frankston City Council is funded via MAV to carry out these activities until 30 June 2026, with no funding commitments beyond that date. Councillors have asked officers to prepare a detailed report on the future of its compliance and education functions, if state funding is not extended.
“Councils are on the frontline when it comes to protecting young people from illegal tobacco sales. Without ongoing funding, these important roles are at risk,” said Deputy Mayor Conroy
Council is also seeking greater focus from both the State and Federal governments on intelligence sharing and referral processes to support investigative and enforcement action to deter illegally traded tobacco.
Council is considering the use of its Rapid Response Team – comprised of sworn by-laws officers – to visibly patrol areas of the municipality where non-compliant tobacconists are known to operate. As part of the recent Stronger Together Annual Budget 2025-2026, Council resolved to create a second team of Rapid Response Officers to address anti-social behavioural issues.
Frankston City Council will continue working with MAV and other local governments to ensure public health, safety and community wellbeing remain central to future tobacco regulation in Victoria.