Confusion on puffer zones

By ELIZABETH BINNING


With only a month until new smoke-free laws come into effect, bar and restaurants owners are confused about where their patrons can actually smoke.

The new law says licensees must take "all reasonably practicable steps" to ensure that no one smokes in their premises - but smoking is allowed in "open areas".

The problem is that no one, including the authorities, seems to be 100 per cent sure of what defines an open space.

A meeting held in Auckland yesterday to try to help bar and restaurant owners understand the new law seems to have done little to help.

More than 130 people attended the meeting, where officials from the Public Health Unit and Auckland City Council discussed a range of issues, except for the one about open space.

When licensees persisted with questions about the classification of open space, officials were unable to offer much advice.

When one bar owner asked if his deck, which can be enclosed when it rains, complied as an open space, a smokefree officer said: "Do you think it's generally enclosed?" The man replied: "Well, that's what I'm asking you."

After a short silence the man continued: "So it's up to me to define it?"

"That's right," came the official reply.

During the break, Malt owner Luke Dallow said it was frustrating not being able to get some clear advice about the open space.

He spent $110,000 last year on the outdoor area of his restaurant and wants to know if patrons will be able to smoke there after December 10.

"The answers I have got today don't help at all."

Trident Tavern representative Shalom Afaaso said she was more than happy to comply with the new law but the definitions needed to be clarified.

"Everyone's interpretation of things is not going to be the same."

She said other issues also needed to be clarified, such as what to do about people sneaking their drinks out on to the street or into nearby carparks to have a smoke.

"Is that okay? Can you smoke in a public place like that?"

Auckland City Council compliance monitoring team leader Geoff Atherfold said the council was not responsible for enforcing the smokefree law or providing definitions about open space.

He referred questions to the Ministry of Health.

The ministry has provided booklets with general advice - directed more towards designing new spaces than clarifying old ones.

It recommends licensees seek legal advice if they are unsure.

Going Smokefree

From December 10 all licensed premises must be smokefree.

Smoking will be allowed only in "open spaces" such as gardens or uncovered decks. Any outdoor area that could be enclosed by doors, zip-on walls or awnings is deemed an indoor space.

Licensees must remove ashtrays from indoor spaces, display "no smoking" signs and teach staff how to deal with smoking offenders.

Enforcement officers will investigate complaints of non-compliance. Cases could end up in court where fines of up to $4000 could be handed out.