Australia

This was an application for judicial review of Parramatta City Council's ban on smoking in outdoor dining areas located on the footways of public roads owned by the Council (footway restaurants). The application was brought by a business group on behalf of a group of local restaurants. (Note: smoking in enclosed public spaces is prohibited under the Smoke-free Environment Act 2000 - the ban does not apply to footway restaurants).

The Court found that the Council had power to impose smoking bans in footway restaurants as conditions of approval under the Roads Act and the Local Government Act. However, the Court found that the Council had exercised its power invalidly in this case.