Smoke Free Environment Policy

Mornington Peninsula Shire recently invited the community to provide their thoughts on Council’s proposed Smoke Free Environment Policy and the proposed amendment to the General Purposes Local Law 2012 incorporating smoke free clauses. 

We are committed to reducing the health impact of tobacco on the community and providing great public and open spaces. We also know that smoking bans at outdoor dining and drinking areas and other smoke free outdoor areas are supported by 73% of Victorians, and cigarette butts account for 48% of all litter collected across Australia. It’s important that we set an example for our community to encourage healthy lifestyle choices and cleaner environments on the Peninsula.

This Policy is being developed in partnership with Peninsula Health and aims to improve the health and well-being of the Peninsula community by:

  • Protecting the community from the harmful effects of second-hand smoke
  • De-normalising smoking behaviours, which is particularly important for discouraging children from taking up smoking
  • Providing residents and visitors with smoke free public areas

Current state government laws are inconsistent for beaches and footpath service areas, for example:

  • Smoking is banned at lifesaving patrolled beaches, however is permitted at other beaches 
  • Smoking is banned at footpath dining areas, however is permitted at footpath seating where only drinks or snacks are served
  • Smoking is currently not banned in camping areas or bush reserves

Consistent and simple smoke free laws will stop second hand smoke exposure, encourage families to use public land and local food retailers, and greatly reduce the amount of butt litter.

This critical initiative stems from Council’s Public Health and Wellbeing Plan 2017-2021 and supports Council’s obligations under the Frankston Mornington Peninsula Smoke Free Charter

The Charter encourages the Shire, other public land owners, businesses and community groups to provide smoke free public areas and implement programs to reduce smoking rates in the community. Many local businesses have joined the Charter by providing smoke free local areas, including Bentons Square and Mornington Central Shopping Centres. 

This Policy, together with the Charter, reflect the Tobacco and Alcohol Compliance element of the Shire’s innovative food safety program ‘Best Bites’, which assesses local food businesses on measures they are taking to provide safe and healthy food; use environmentally sustainable business practices; and provide safe and accessible food premises.

The plan was available via public exhibition for the period from Wednesday 28 August 2019 until Thursday 31 October 2019View the draft policy below.

Read the draft policy, background paper and Local Law amendment below. 

Download: Draft Smoke Free Environment Policy(PDF, 271KB)
Download: Local Law Amendment(PDF, 134KB)
Download: Smoke Free Policy Background Paper(PDF, 1MB)

Local Law Amendment

Notice is hereby given pursuant to the provisions of Section 119(2) of the Local Government Act 1989 that at its meeting on 27 August 2019, Mornington Peninsula Shire Council resolved to amend General Purposes Local Law 2012 to incorporate clauses regulating smoking.

Purpose and General Purport of the Proposed Amendment of the Local Law:

The purpose and general purport of the Local Law are to:

  • Amend the Local Law to incorporate clauses regulating smoking;
  • Provide a safe and healthy environment so that the community within the municipality can enjoy a quality of life that meets its expectations;
  • Protecting the community from the harmful effects of second-hand smoke;
  • De-normalising smoking behaviours, which is particularly important for discouraging children from taking up smoking;
  • Providing residents and visitors with smoke free public areas; and
  • Prescribe penalties for smoking offences under the Local Law. 

Any person affected by the proposed local law may make a submission to Council.  All submissions received on or before 5.00pm on Thursday 31 October 2019 will be considered by Council in accordance with section 223 of the Local Government Act 1989.

Any person making a submission is entitled to request (in the submission itself) to be heard at a Council meeting in support of the submission, either in person or by a person acting on his or her behalf.  Notice of the meeting date and time will be given to each person who has lodged a submission.  

Submitters should note that Council is required to maintain a public register of submissions received during the previous 12 months.  Unless a submitter requests to the contrary, copies of submissions (including the submitters’ names and addresses) may also be included in the Council meeting agenda and minutes, which are a permanent public record, and which are published on Council’s website.