DEREK
HILL
Tel:
043.8411.040
email:
[email protected]
KEI MOUTH
5260
The Select Committee on Social
Services,
8000
By e-mail to:
[email protected].
For Attention Mr
Arico Kotze.
Dear Mr
Kotze
Re: Comments on
the Tobacco Products Control Bill
In response to your invitation,
herewith some observations and comments on the existing Act insofar as the
situation in a small town in the
1 As will become apparent I am in
complete agreement with the aims of the Bill, and I hope that your committee
will not be swayed by arguments against it which will no doubt be presented by
those with vested interests.
2 Unfortunately, some parts of the
existing Act and the Regulations are a little vague and fuzzy providing
loopholes and excuses for owners and managers of public places which do not
comply with the Act. I believe that the following amendments might be
considered:
a.
The broadening of the
definition of public place to
include the premises of a private club or voluntary association. Clubs often use
the argument that the Act does not apply to them even though non members are
encouraged to use the club’s facilities, as is often the case in holiday towns.
Without limiting this amended definition,perhaps the Act should be made applicable to any
premises on which liquor may be served in terms of a liquor license or in which
food is served in exchange for payment.
b.
The Regulation that
allows an owner or licensee to designate not more than 25% of the total floor area of the public place as a
smoking area needs to be tightened up to make it clear that the 25% relates to
the area of that particular bar, lounge, or whatever, and not to the total area
of the premises of which it forms part. Up to January 2007 the local Country
Club used the argument that smoking was allowed in the Bar as the floor area of
the Bar did not exceed 25% of the total premises including the lounge,
change-rooms and offices. A local hotel allows smoking in its Bar but not in the
lounge and it is believed that it relies on the fact that the bar has an area
less than 25% of that of the Lounge as justification for
this
c.
The requirement that a
designated smoking area be sealed off from the rest of a non-smoking public area
in its present form is ineffectual and cannot be enforced. For example the
Lounge at
d.
The local country club
which appears to allow minors into its bar area has a cigarette vending machine
in the bar (which is actually a designated non-smoking area).It is my opinion
that such a vending machine should be permitted only in a designated, and sealed
smoking area. The fact that ashtrays are often left on the bar counter and the
presence of the vending machine are incompatible with keeping the public areas
of the club non-smoking.
e.
Notices. To quote the
case of our Country Club again, the Bar has three public entrances and on the
least used of these an insignificant no
smoking notice of about 15cm by 10cm is displayed, this being the
only visible notice. I think that the Act should require prominent notices with
a minimum size to be displayed on every public entrance with at least one in
every non-smoking area, especially bars, lounges and dining rooms. This should
also apply
to shops as even those who sell foodstuffs in Kei Mouth allow smoking by customers and
staff.
I hope that the above observations
might be of some use to your Committee,
Yours
Faithfully,
D. Hill