Bar and Restaurant Trade affected by New Anti-Smoking Law

Published on September 7, 2009 8:56 AM

Pubs and restaurants are confused by the new smoking law, which includes a fine of R50000 if they will violate it.

The new law was approved on August 31, and it bans smoking in partially enclosed areas of restaurants, pubs and bars, such as covered patios, verandas, balconies, walkways and parking areas, and could see proprietors being fined R50000 for breaching the laws.

Many pub and restaurant owners said that they did not have a clear understanding of the new law as many of them always had a designated smoking area.
"I’m not sure if the government wants us to get emancipated of these areas absolutely", said Freddy van der Putte, owner of a sports bar in Kabega Park, Port Elizabeth.

"If the new law doesn’t allow us to have smoking areas at all inside the building, then I’ll have to covert the smoking area into a non-smoking area and the clients will have to go outside to puff," added Freddy. KwaMagxaki High School chief Mwezi Qomfo said a few of his teachers were smokers, but he would inform them and pupils about the new law as he had dealt with reports about pupils smoking in the school’s toilets.

Changes in the law, with instant effect, include: a growth in the fines for smoking or allowing smoking in a non-smoking area. The fine for the owner of a restaurant, pub, bar and workplace is now a maximum of R50 000, and R500 for the single smoker.

No smoking in partially enclosed public places, such as covered patios, verandas, balconies, walkways parking areas. And in this way young children will be better safeguarded from harm caused by second-hand smoke, like asthma, wheezing, or bronchitis.

The new legislation imposed the tobacco industry to no longer hold "parties" or use "viral" marketing for to target young people. In viral marketing, cigarette company representatives take cigarettes to clubs, coffee bars and campuses and bring on teens to parties, concerts or a sport event where they are tempted into smoking. These all changes in the law take effect later this year, because the Health Ministry is still finishing them.

he introduction of cigarettes which self-extinguish thereby reduces the risk of fires. Cigarettes cause about 5% of all fires in South Africa.