From: Derek Hill [[email protected]]
Sent: 12 August 2007 08:12 PM
To: [email protected]
Subject: Submission on the Tobacco Products Control act-

 

DEREK HILL

Tel: 043.8411.040                          PO Box 128

email: [email protected]                  KEI MOUTH

5260

 

                                                                                                12 August 2007

 

 

The Select Committee on Social Services,

PO Box 15,

Cape Town,

8000

 

By e-mail to: [email protected].

 

For Attention Mr Arico Kotze.

 

 

Dear Mr Kotze

 

Re: Comments on the Tobacco Products Control Bill

 

In response to your invitation, herewith some observations and comments on the existing Act insofar as the situation in a small town in the Eastern Cape is concerned.

 

1    As will become apparent I am in complete agreement with the aims of the Bill, and I hope that your committee will not be swayed by arguments against it which will no doubt be presented by those with vested interests.

 

2    Unfortunately, some parts of the existing Act and the Regulations are a little vague and fuzzy providing loopholes and excuses for owners and managers of public places which do not comply with the Act. I believe that the following amendments might be considered:

 

a.     The broadening of the definition of public place to include the premises of a private club or voluntary association. Clubs often use the argument that the Act does not apply to them even though non members are encouraged to use the club’s facilities, as is often the case in holiday towns. Without limiting this amended definition,perhaps the Act should be made applicable to any premises on which liquor may be served in terms of a liquor license or in which food is served in exchange for payment.

b.     The Regulation that allows an owner or licensee to designate not more than 25% of the total floor area of the public place as a smoking area needs to be tightened up to make it clear that the 25% relates to the area of that particular bar, lounge, or whatever, and not to the total area of the premises of which it forms part. Up to January 2007 the local Country Club used the argument that smoking was allowed in the Bar as the floor area of the Bar did not exceed 25% of the total premises including the lounge, change-rooms and offices. A local hotel allows smoking in its Bar but not in the lounge and it is believed that it relies on the fact that the bar has an area less than 25% of that of the Lounge as justification for this

c.      The requirement that a designated smoking area be sealed off from the rest of a non-smoking public area in its present form is ineffectual and cannot be enforced. For example the Lounge at East London Airport has a designated smoking area with a sliding door between the two areas which is left open by patrons and waitrons alike. The result is that if the wind is blowing the right way from the West, there is likely to be more tobacco smoke in the non-smoking public area than in the designated smoking area. I believe that the only way to deal with this would be to require that a designated smoking area have separate service and public entrances from those which serve the non smoking area, and that there be no opening windows or doors between the two areas.

d.     The local country club which appears to allow minors into its bar area has a cigarette vending machine in the bar (which is actually a designated non-smoking area).It is my opinion that such a vending machine should be permitted only in a designated, and sealed smoking area. The fact that ashtrays are often left on the bar counter and the presence of the vending machine are incompatible with keeping the public areas of the club non-smoking.

e.     Notices. To quote the case of our Country Club again, the Bar has three public entrances and on the least used of these an insignificant no smoking notice of about 15cm by 10cm is displayed, this being the only visible notice. I think that the Act should require prominent notices with a minimum size to be displayed on every public entrance with at least one in every non-smoking area, especially bars, lounges and dining rooms. This should also  apply to shops as even those who sell foodstuffs in  Kei Mouth allow smoking by customers and staff.

 

I hope that the above observations might be of some use to your Committee,

 

Yours Faithfully,

 

D. Hill