Local Government Regulations & Requirements
A number of councils use clauses in their local laws or conditions in permits, such as kerbside dining permits, to control cigarette butt litter.
Below are some examples that might be useful to other councils.
1. Non-residential premises
1.1 City of Melbourne
Environment Local Law: Under Section 4 of the Environment Management Plan clause 4.5 is a prescribed requirement for non-residential premises:
4.5 Sufficient tobacco waste containers must be provided to contain all tobacco waste generated as a result of the use or operation of the premises. (Category 3 offence)
1.2 Macedon Ranges Shire Council General Local Law No. 8
Comment: The purpose of the clause is to enable Council to require premises with outdoor eating areas to provide butt bins and also to address any problem where there are a lot of butts on the path, for example, because the employees go out onto the street to smoke. When we are assessing a permit application for tables and chairs we can then make requirements for butt receptacles.
5.25 Cigarette Butt Receptacles
Each owner and occupier of commercial premises at or around which persons are likely to deposit cigarette butts on any public area or Council land must provide, maintain in a clean manner and service approved receptacles for the receipt of those cigarette butts.
2. Kerbside dining
2.1 City of Darebin
Footpath Trading Permit condition:
Section 2: The permit holder must ensure that any advertising sign, furniture, goods or items to be placed on the footpath, are neatly and compactly arranged so as not to cause any undue obstruction and ensure any litter and cigarette butts are disposed of in an appropriate manner by customers using outdoor furniture (and be responsible for cleaning up after customers).
Enforcement of offences are under the EPA 1970, such things as Litter Abatement Notices, section 45Y & 45X, which provide on the spot fining powers.
2.2 City of Port Phillip
Footpath Trading Guidelines - windproof ashtrays
- The footpath trading permit holder must provide windproof ashtrays for patrons at all times and regularly remove cigarette butts and deposit them within bins kept inside the premises.
- Failure to provide suitable windproof ashtrays will result in the cancellation of the current permit.
- Operators found sweeping cigarette butts into the gutter will immediately forfeit all rights to trade on the footpath area.
2.3 City of Whittlesea
Condition of Café street-trading permits requires:
All litter, including cigarette butts, left at or near to tables and/or chairs shall be disposed of appropriately, lawfully and without delay. Enforcement of offences are made under the EP Act 1970, e.g. on-the-spot penalty $2052.4 City of Yarra
Footpath Trading Policy clause:
S. 5.4 A trader must supply each table outside with a wind-proof ashtray at all times. Traders are responsible for cigarette ash, butts and any other litter generated by patrons of their footpath dining areas. Penalty $200.
S. 5.6 Each operator is responsible for maintaining the outdoor seating area in a tidy manner. A licence may be cancelled or suspended if instances of littering or ongoing untidiness are noted. Penalty $200.2.5 City of Melbourne
Kerbside Cafe Code: the full document is available on City of Melbourne's website.
4.4 Waste management
Appropriate environmental management is an important issue for City of Melbourne and the community. Waste management is the responsibility of all stakeholders including Kerbside Café Permit holders. The Melbourne City Council Environment Local Law 1999 requires that all waste must be stored in an appropriate container and that any owner or occupier must accept and demonstrate responsibility for the cleanliness of the area immediately adjacent to their premises. Kerbside Café Permit holders are also bound by this requirement which includes the containment and proper disposal of tobacco waste including cigarette butts. The introduction of legislation banning smoking from dining areas has seen an increase in the amount of cigarette butt litter that has accumulated around kerbside café areas, which in turn is often blown into the streets, down stormwater drains and into our waterways.
To ensure the kerbside café area is maintained in a clean and hygienic state at all times and to reduce the impact of waste upon the environment, the following requirements will apply:
- All ashtrays utilised within the kerbside café area must be of a windproof design.
- Staff must uphold the cleanliness of the kerbside café site, ie. ensure that tables and chairs are kept clean and that litter is removed from in and around the kerbside café and disposed of properly.
- Permit holders must maintain a high standard of presentation for all kerbside café furniture and fittings by ensuring that café furniture, screens and planters are clean, in good order and well presented.
- Permit holders must maintain the cleanliness of the public place throughout the trading period by removing all food, paper, cigarette butt waste and tree debris such as leaves and pollen.
- Kerbside café debris, litter or waste must not be swept into stormwater drains.
- All litter must be swept, collected and disposed of in an approved litter receptacle.
Windproof ashtrays must be of a type approved by the Council. A list of some suppliers who sell windproof ashtrays can be found in Appendix D of the document.
