Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 5A
insert
(1) An area is an outdoor eating and drinking area if:
(a) the area is used or intended to be used by members of the public but is not an enclosed public area; and
(b) persons in the area may consume food or drink provided from an on-site food service; and
(c) either of the following apply:
(i) a person would reasonably expect the area is used or intended to be used for consuming food or drink provided from the on-site food service;
(ii) the area is bounded by a fence.
Example for paragraph (c)(i)
An area on a footpath outside a cafe or takeaway food store where there are tables and chairs.
Examples for paragraph (c)(ii)
1 A fenced sporting ground at which persons may consume food or drink purchased at the ground.
2 An area of a park, temporarily fenced off, in which persons may consume food or drink purchased at a cultural festival conducted in the park.
(2) An area may be an outdoor eating and drinking area whether or not the area constitutes liquor licensed premises.
(3) However, an area is an outdoor eating and drinking area only while:
(a) food or drink is being provided, or is available to be provided, from an on-site food service; or
(b) food or drink provided from an on-site food service is being consumed in the area.
(4) Food or drink is taken to be provided from an on-site food service whether it is:
(a) served to a person in the outdoor eating or drinking area by or for a person conducting the on-site food service; or
(b) taken by a person from the on-site food service for consumption in the outdoor eating or drinking area.
(5) If an area that would otherwise be within an outdoor eating or drinking area is clearly designated as an area where no food or drink may be consumed, the area is taken not to be part of the outdoor eating or drinking area.
(6) Despite subsections (1) to (5), each of the following is not an outdoor eating and drinking area:
(a) premises used, or intended to be used, as a place of residence or mainly as a place of residence;
(b) the playing field of a sporting facility while it is being used for sporting activities;
(c) an area constituting car parks, boat ramps or driveways (for example, the drive-through area of a bottle shop);
(d) an area that is larger than 5 acres and is separated (by a barrier or other means) from any on-site food service;
(e) an area exempt under section 5C.
(7) In this section:
"on-site food service", in relation to an area," "means a business, or an enterprise of a commercial, charitable or community nature, that provides food or drink in, or adjacent to, the area.
"provide", food or drink, includes give or sell the food or drink.
(1) The Minister may, by Gazette notice, declare all or part of an area in which a major public event will be held not to be an outdoor eating and drinking area during all or part of the event.
(2) The Minister may make the declaration only if:
(a) the person responsible for organising the major public event (the event organiser ) applied to the Minister for the declaration at least 3 months, or a shorter period approved by the Minister, before the event; and
(b) the Minister is satisfied reasonable measures will be put in place to minimise the exposure of members of the public and anyone acting for the event organiser to environmental tobacco smoke.
(3) An exemption may specify any conditions the Minister considers reasonable in the circumstances.
(4) If a declaration is made under subsection (1) in relation to a major public event, the event organiser must comply with the conditions specified in the exemption.
Maximum penalty: If the offender is an individual – 20 penalty units.
If the offender is a body corporate – 100 penalty units.