Making small businesses enforce new anti-smoking laws with the threat of a $5500 fine is draconian, a Maitland High Street cafe owner says.
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From Monday, the state government’s smoking ban extended to commercial outdoor dining areas and within four metres of pedestrian access to cafes, licensed premises and restaurants.
The new rules enforce bans for cigarettes, pipes and waterpipes.
Moreish Cafe owner Howard Bourne said he supported the new laws, but that it was wrong for the government to use the threat of a fine to force small business owners to police the new rules themselves.
Under the tightened measures, a smoker caught lighting up in or near a commercial outdoor dining area could be hit with a $300 on-the-spot fine.
But businesses face a maximum penalty of $5500 if smokers are caught flouting the rules at or near their premises.
Mr Bourne, who has never been a smoker, said $5500 was a significant cost for most small business owners.
“It places the onus back on small businesses,” he said.
“Our position is we support the legislation, it’s in step with the attitudes of the community.
“But there has been a lack of information for the public.
“There needs to be an information campaign by NSW Health. Some of the smokers today didn’t know about the legislation.”
Bushrangers Bar and Brasserie Largs owner Bruce Woods said he expected the new anti-smoking rules would affect restaurants more than hotels and pubs.
He said the staged introduction of the smoking bans had helped the hospitality industry prepare for the changes.
“I don’t expect any consumer backlash over it,” Mr Woods said.
Smoking has been banned in many outdoor public spaces in NSW since 2013, including public transport stops and stations, within 10 metres of
children’s playgrounds, at spectator areas of sporting grounds, at public swimming pools and within four metres of a pedestrian entrance to or exit from a public building.
Health Minister Jillian Skinner said the ban would help protect outdoor diners and hospitality staff from second-hand smoke.
“It is very pleasing that many businesses voluntarily banned smoking in their outdoor dining areas prior to [Monday], with positive results,” Ms Skinner said.
“When people are aware of the law, they generally comply and – judging by the high levels of compliance with existing smoking bans [98 per cent] – we expect high levels of compliance with smoke-free outdoor dining.”
