Australia

The plaintiffs were involved in the operation of licensed premises in the State of New South Wales. They applied for declarations to clarify the status of various areas of the Dubbo RSL Memorial Club under the Smoke-free Environments Act 2000. The plaintiffs, representatives of the Department of Health, filed a cross-summons seeking alternative declarations. The issue to be decided was of general concern to licensed premises and related to whether smoking was permitted in some covered areas of premises which adjoin uncovered, but walled, areas of those premises.

McClellan CJ found in favour of the plaintiffs, ruling that both of the covered areas in question was an "enclosed public place" for the purposes of the definition of "smoke-free area" in the Act.