Clampdown on smoking law cheats

A man smokes a cigarette in front of a pub in Bensheim early July 30, 2008. A German smoking ban in indoor public places is partly in breach of the constitution, the country's highest court ruled on Wednesday. The Federal Constitutional Court said small bars were at an unfair disadvantage due to the ban, which came into effect in most of Germany's 16 states at the start of the year. REUTERS/Alex Grimm (GERMANY)

A man smokes a cigarette in front of a pub in Bensheim early July 30, 2008. A German smoking ban in indoor public places is partly in breach of the constitution, the country's highest court ruled on Wednesday. The Federal Constitutional Court said small bars were at an unfair disadvantage due to the ban, which came into effect in most of Germany's 16 states at the start of the year. REUTERS/Alex Grimm (GERMANY)

Published Aug 28, 2015

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Cape Town - Local bar owners have had conflicting reactions to the City of Cape Town’s enforcement of the national tobacco legislation that clamped down on nightclubs and pubs in contravention of its rules.

A Long Street bar owner who asked not to be named said the rules were “idiotic” because patrons enjoyed themselves by drinking and smoking.

He said if the city council persists with fining bar owners, it would “destroy the business”.

“If it was up to me, I would allow my customers to smoke when they want to because they are here to enjoy themselves.

“But I follow the rules and smoking is only allowed here late afternoon and at night,” he said.

The Groove Bar’s owner Elias Baz, begged to differ.

“I do not have a problem with the rules. My customers smoke outside if they want to smoke. “We are a day place and not a night place so it would not be a problem for us,” he said.

In a statement, the city council said it had conducted inspections of nightclubs in and around the city only to find that they were not in compliance with the national tobacco legislation.

The city’s environmental health department inspected three premises in Harrington Street, in the CBD, and found that they had been in contravention of the legislation and were issued with fines totalling R6 000.

Another establishment was fined with an additional R1 000 for trading without a valid business licence.

Mayco member for health, Siyabulela Mamkeli, said: “The tobacco legislation is very clear on where smoking is allowed, but some establishments blatantly disregard the law. In other instances, the legislation is not closely policed by the establishment and patrons light up anywhere they please.

“I would appeal to owners of clubs and restaurants as well as their patrons to make sure that they operate on the right side of the law. These regulations are not new and by now I would expect people to be familiar with them. If not, surely anyone can understand a no-smoking sign when they see one?” he said.

The legislation stipulates that no person may smoke any tobacco product in any indoor, enclosed or partially enclosed area which is open to the public.

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Cape Argus

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