Rosanne Buchanan lifestyle
The issue of smoking in restaurants and pubs has been smouldering for a long time and with the latest tobacco legislation, more and more establishments will be forced to opt for a non-smoking policy. Speak to any restaurant or pub owner around Johannesburg and you’ll find that confusion reigns over the recently announced Tobacco Products Control Amendments Act. The definition of a public place goes: any enclosed area to which the public has access.
This includes all shopping malls, cinemas, theatres, restaurants, pubs, bars, nightclubs, shebeens and casinos. Other existing no smoking zones include buses, taxis and planes. If you’re wondering where you can legally light up a fag, the new law does not affect smoking outdoors and there are certain exceptions where designated areas in public spaces will be allocated to smokers. The fine is R200 for smoking in an illegal spot.
The hospitality association, Fedhasa, has been lobbying for the rights of restaurants/ pubs to accommodate smokers since the law was first proposed by the government about two years ago. It is thanks to Fedhasa that restaurants have been taken into consideration at all, although many restaurants currently have smoking and non-smoking sections. Those most affected by the regulations will be bars, casinos and establishments situated in enclosed shopping malls. Cigar bars are off the hook as the regulations say smoking is allowed in establishments whose primary business it is selling tobacco products. The new smoking rule is designated space, segregation and ventilation. Only 25% of an enclosed restaurant/pub/ casino can accommodate smokers and the area has to be clearly demarcated with signage and separated from other areas by a solid partitioning and an entrance door. But that’s not all. The room has to be well ventilated allowing no recirculation of the smoky air to other non-smoking areas. For many restaurants, this means building alterations in order to cater for smokers. For others with limited funds, this means becoming a non-smoking establishment. Some players feel that a total ban would have been better. Dennis Finch, group chief executive of King Consolidated Holdings, owners of the Keg pub franchise, says building costs for the Keg group could be as much as R100E000 per pub and there are 90 pubs in the stable. “I’m disappointed that there wasn’t a total ban on smoking,” he says, objecting to the costs that will have to be incurred to maintain a competitive edge.
Wandie Ndala from the famous Soweto shebeen Wandie’s Place says he is not too phased by the regulations as his tavern has been non- smoking for 18 months now. “I made the decision out of consideration for non-smokers and children who eat in the restaurant,” he says. Ndala says his patrons don’t mind too much but then his clientele often include families and tourists on Soweto tours, the majority of whom don’t smoke. However, he says the majority of Soweto shebeen dwellers do smoke and other taverns around him will be affected. Two things are for sure: it will affect business and it will cost big money. But the fight is not yet over. Fedhasa plans to contest the new regulations based on the fact that the law discriminates against small businesses as smaller shebeens and coffee shops, who may not have the space or be able to afford alterations. Fedhasa will also challenge the inflexibility of the provision that a maximum of 25% of total floorspace must be demarcated for smoking. “Sports bars, taverns and pubs have a higher ratio of smokers than non-smokers – as much as 50%,” says Fedhasa representative Peter Cumberlege, who suggests a more reasonable allocation of space for smokers in these establishments. To police the Act a toll-free number is being set up where aggrieved non-smokers can report transgressors, which is sure to create unpleasantness within a social context.
So if you’re a smoker and you’re worried about socialising in peace outside of your home, choose restaurants with outdoor seating areas or phone first to check that the restaurant has smoking facilities.