Smoking laws forced staff to resign, bar owner says

A bar owner being prosecuted for allowing smoking on his premises said his staff resigned over the stress they suffered having to try to enforce new smoking rules on unwilling patrons.

Martin O'Malley, owner of O'Malley's bar in Levin, plans to defend the seven charges he faces and will have his day in court early next year.

Mr O'Malley's appearance in Levin District Court was excused today, but his lawyer Keith Becker told Judge Grant Fraser his client would defend the charges.

Mr Becker said Mr O'Malley maintained he took all practical and reasonable steps to enforce the Smokefree Environments Amendment Act, which came into force on December 10 last year, banning smoking in bars.

He said he would provide written evidence from staff members who resigned from their jobs over the "trauma" caused by the legislation.

Several managers left because they found it too difficult to enforce the legislation against some patrons, such as war veterans, who had been smoking there for 40 years and did not want to stop, Mr Becker said.

Mr O'Malley, himself a non-smoker, was not saying the legislation was wrong, but for a "window period" when the legislation first came into force the bar had difficulty policing it, Mr Becker said.

These difficulties had since been overcome and there had been no further problems at the bar, he said.

Mr Becker said that having seven criminal charges laid against Mr O'Malley was "harsh" and could constitute "an abuse".

Judge Fraser said the charges came after warnings were issued and "a marked degree of latitude" towards Mr O'Malley.

A full-day hearing was set for February 2.

The defence plan to call four witnesses, including Mr O'Malley, as well as written evidence from staff who had resigned. The prosecution will also call four witnesses.

The prosecution may be the first under the new smokefree laws. A prosecution against former Banks Peninsula publican John van Buren did not go ahead in July after he placed his company in liquidation.

- NZPA