Smoking laws in Ku-ring-gai ask smokers to ‘self regulate’ or pay big fines if caught smoking in public

Smoking is bad for your health and your hip pocket with $12,900 in fines issued for smoking in Hornsby recently.

A fine sign for smoking, riding a bike or roller blades in Castle Mall precinct. Picture: Nigel Gladstone

Smoking is bad for your health and your hip pocket with $12,900 in fines issued for smoking in Hornsby recently.

A new plan to kick butts off the streets in Ku-ring-gai begins in November but it’s not focused on revenue raising.

Ku-ring-gai Mayor Cheryl Szatow said the intention of the ban is to be “self regulating” and will be “enforced by community sentiment”.

“We will be installing signage at playgrounds and sportsfields to make people aware,” Cr Szatow said.

KU-RING-GAI mayor Cheryl Szatow. Photo: Adam Ward

There have been about 600 inspections of smoke-free areas in Hornsby by the public health unit since 2014.

“Inspectors observed a 99 per cent compliance rate, issuing 46 on the spot fines of $300 and 126 cautions to people observed to be breaching the law,” a NSW Health spokeswoman said.

The state no smoking policy applies in Hornsby Mall around outdoor dining areas and entrances to buildings.

All other areas are covered by Hornsby Council’s smoking policy that threatens a $110 fine but rangers have never issued a warning or a fine.

The Hornsby Council policy is enforced through “persuasion and self-policing”.

The Hills Shire Council erected signs warning of fines “exceeding” $1000 for smoking, roller blading and riding a bike in the Castle Hill Mall precinct a few years ago.

Hills Shire Councillor Jeff Lowe said there is “constant flouting” of the signs along Old Northern Rd.

“Can council increase the activity of rangers and start issuing fines to people who disobey the signs?” Cr Lowe said at a council meeting last month.

A Hills Shire Council spokesman said failing to comply with the terms on the sign is $110 fine but the maximum penalty a court could impose is $1,100.

“No fines have been issued by Council staff for this offence given that while we have the authority to fine people, we have no authority to demand identification or to detain them,” he said.

Smoking is banned within four metres of a pedestrian entry or exit from a hospitality venue.

On the spot fines of $300 for individuals rise up to $5,500 for a business owner if a customer is found smoking in the outdoor dining area.

NSW Health is responsible for enforcing most outdoor smoking bans including:

■ Any seated outdoor dining area of a restaurant, cafe or licensed venue while food is being served.

■ Within four metres of a seated dining area on licensed premises or at a restaurant.

■ Within 10 metres of a place at a food fair where food is sold or supplied for consumption.

■ Local council officers or rangers have no authority to enforce the rules set out in the NSW State Smoke Free Environment Act 2000, which banned smoking in all commercial outdoor dining areas.

■ NSW Health officers can issue on the spot fines of $300 for smoking in public places.

■ Business owners can also be fined up to $5500 by NSW Health for allowing smoking at their venues.