There have been an increasing number of inquiries about the legality of electronic cigarette (e-cigarette) ‘smoking’ on licensed premises. E-cigarettes have become popular over recent years as a substitute for tobacco, and have been marketed as a ‘harm reduction’ device and quit smoking aid.
An e-cigarette contains three essential components: a plastic cartridge that serves as a mouthpiece and a reservoir for liquid, an ‘atomiser’ that vaporises the liquid, and a battery. The consumer inhales the vapour (called ‘vaping’) in the same manner as they would if they smoked a normal cigarette. The product commonly looks like a fountain pen but variants are found in different shapes and sizes, even replicating an actual cigarette. An e-cigarette is generally regarded as safer than smoking tobacco but it seems the science isn’t settled as yet. There is no distinctive odour with this product.
E-cigarettes are not regarded as tobacco or an other smoking related product in Queensland under the Tobacco and Other Smoking Products Act 1998. However, they can only be used on licensed premises in the Designated Outdoor Smoking Area or patrons must leave the premises to ‘smoke’ an e-cigarette.
See below our collection of articles on liquor and gaming licensing and small business consulting. Our articles aim to explain the Liquor Act 1992 and Gaming Machine Act 1993.