SMOKED OUT

BARS, taverns and restaurants up and down South Africa are paaping over proposed new smoking laws.

According to the legislation currently being processed by the Department of Health, stricter controls will be imposed on patrons who like to light an entjie or vape.

The regulations aim to ban the display advertising of tobacco products, standardise packaging and the banning of cigarette vending machines.

But the biggest challenge for establishments lies in where people can smoke. 

Penalties for smoking in a banned area is three months in prison, and/or a fine, while the penalty for smoking near a non‑smoking employee is ten years in prison and/or a fine.

Under the new Tobacco Products and Electronic Delivery Systems Control Bill, smoking would be outlawed indoors and in certain public spaces, forcing patrons to move outside.

New regulations also stipulate that designated smoking areas must be located a specific distance from windows, ventilation points, and entryways.

The Gauteng Liquor Traders Association (GLTA) expressed concern that this requirement would be completely unworkable in township environments, where many smaller taverns operate.

The association said that businesses had already invested in creating compliant smoking spaces after the last revision of the smoking laws, designating 25 percent of their floor space for this purpose.

The new legislation, it argued, would force businesses to spend even more to build new spaces or risk falling foul of the regulations.

The GLTA said in a statement: “The Minister has discretion over this distance, but the Department of Health previously suggested 10 metres. This provision is totally unworkable in a township environment.”

The association added that staff would be required to leave the building to smoke, potentially leaving the venue vulnerable to security threats and affecting employee productivity.