Many small business owners are busy enough without the added pressure of having to police new anti-smoking laws introduced by the NSW government this week.
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From Monday, smoking was banned in outdoor commercial dining areas and within four metres of pedestrian access to cafes, restaurants and licensed premises.
The ban is an extension of anti-smoking laws that the government began to roll out in public spaces, including playgrounds and sporting fields, across the state in 2013.
The measures appear to have the best interests of public health at heart and aim to reduce the impact of second-hand smoke on diners and hospitality staff.
However, there is a serious imbalance in the punishments written into the legislation for those who break the rules.
A smoker who flouts the law and lights up in the wrong place could incur a $300 fine.
Meanwhile, small business owners could face a penalty up to $5500 if people break the rules at their premises.
The government says that NSW Health inspectors will enforce the rules, but when was the last time one of them was spotted patrolling High Street?
The threat of a steep fine will make cafe, restaurant and pub owners acutely aware of the need to make sure no one smokes in the wrong area anywhere near their premises.
But they should not have to bear the responsibility so heavily.
It should be up to each individual to make sure they don’t break the law.
Maybe a $5500 maximum fine should be levelled at smokers who are caught doing the wrong thing rather than small business owners, many of whom are co-operatively trying to adapt to the new rules.
At least that would be a fairer way for the government to enforce its new rules.