Supreme Court defines an “enclosed public place” for the purpose of the definition of “smoke-free area” in s 6 of the Smoke-free Environment Act 2000

Registered Clubs and other licensed premises throughout NSW were dealt a serious blow when the Supreme Court of New South Wales' Chief Justice McClellan handed down judgement in the matter of Dubbo RSL Memorial Club Limited & Anor v Steppat & Ors [2008] NSWSC 965 on 19 September 2008. 

McClellan CJ's short and concise judgement contains a detailed analysis of what constitutes an "enclosed public place" for the purpose of the definition of "smoke-free area" under section 6 of the Smoke-free Environment Act 2000.  The judgement does away with Dubbo RSL and the Registered Clubs Association of NSW's interpretation of the definition and supports the definition preferred by the NSW Department of Health.

The judgement is a massive blow for the registered club and licensed premises industry which has reportedly spent in excess of $800M attending to modifications and alterations to premises based on an incorrect interpretation of the Act.

To read the full judgement click the link Dubbo RSL Memorial Club Limited & Anor v Steppat & Ors [2008] NSWSC 965