THE FEDERATED HOSPITALITY ASSOCIATION OF SOUTH AFRICA

 

 

 

SUBMISSION ON THE

TOBACCO PRODUCTS CONTROL AMENDMENT BILL NO 24B OF 2006

 

 

To                    Mr Arico Kotze

Select Committee on Social Services

National Council of Provinces

Parliament of South Africa

P.O. Box 15

Cape Town 8000

 

email: [email protected]                                                        13th August 2007         

 

REFERENCE     TOBACCO PRODUCTS CONTROL AMENDMENT BILL NO 24B OF 2006

 

 

INTRODUCTION - THE HOSPITALITY INDUSTRY OF SOUTH AFRICA

 

The Federated Hospitality Association of South Africa, established in 1949, is both a registered section 21 company and an Employers Association and represents the business interests of the Hospitality industry on a variety of matters that directly or indirectly impact the South African trading environment.

 

Members of the Association, operating in both the international and domestic tourism markets, include emerging and established Hotels, B & Bs, Guest Houses, Home Stay SME’s, Game Lodges, Restaurants, Clubs, Taverns, Shebeens, Conference Centres, Gaming establishments and Pubs.

 

The observations, comments and proposals contained in this submission represent the views of the majority of the rural, urban, group, independent, established and emerging hospitality establishments who are members of the Associations and who have a direct interest in the outcome and final contents of the proposed Bill.

 

 

SECTION 7: OFFENCES AND PENALTIES

 

7. (1) Any person who contravenes or fails to comply with section 2(2), (4) or (6), or fails to comply with any condition contemplated in section 2(1) (b), shall be guilty of an offence and liable on conviction to a fine not exceeding R 50 000.

 

FEDHASA would appreciate the Select Committee on Social Services giving due consideration to the following recommendation in particular. Of concern to the industry is that establishment owners will, on occasions, find themselves inadvertently caught between the law and parental authority. There can be little doubt that on occasions an accompanying adult(s) will insist that a child under the age of 18 accompany them into a designated smoking area. This we believe will occur more frequently in family restaurants.

 

The Association suggests, in terms of Section 2(6), that not only the person in charge of the public place be liable for a fine but that any accompanying adult/parent who refuses to comply with the provision, should equally be liable for a fine. This shared responsibility and liability will potentially negate possible conflict between establishment owners and accompanying adults.

 

 

SECTION 1. DEFINITIONS

 

‘public place’ means any indoor, enclosed or partially-enclosed area which is open to the public and includes a workplace, a club and a public conveyance;

 

‘workplace’ – (a) means any indoor, enclosed or partially enclosed area in which employees perform the duties of their employment;

 

Comment – In order to avoid ambiguity and the probability of varied interpretations, the Association requests that the wording “partially enclosed” be further and more clearly defined in the proposed Regulations to be attached to the Tobacco Products Control Amendment Bill No 24B.

 

 

SECTION 2: CONTROL OVER SMOKING OF TOBACCO PRODUCTS

 

(4)  The owner of or a person in control of a place or area contemplated in subsection (1) (a), or employer in respect of a workplace, shall display the prescribed signs and shall make the prescribed public announcements in order to inform any person who enters or who is in or on such place or area of any prohibitions on smoking.

 

Comment – Whereas the Association appreciates and supports the provision concerning “prescribed public announcements” being applicable where large public gatherings take place, we respectfully request that this requirement not be made obligatory for accommodation establishments and restaurants.

 

(6)  The owner of or person in control of a place or area contemplated in subsection 1(a), or employer in respect of a workplace, shall ensure that no person under the age of 18 years is present in any portion of the workplace where smoking is permitted or in the area within a public place contemplated in subsection (1) (b) in or on which smoking is permitted.

 

Comment – The Association fully supports the objectives behind the inclusion of this provision. However the age restriction “under the age of 18” would appear to be at odds with section 4 of the Act: prohibition of sale of tobacco products to persons under age of 16 years.

 

The Association suggests that the age restriction, both in terms of section 2(6) and in terms of section 4 should be consistent with one another and set at “under the age of 18 years”.

 

 

 

 

SECTION 5: RESTRICTIONS ON USE OF VENDING-MACHINES

 

(1)     The sale of tobacco products from vending machines shall be restricted to places in which purchases from such machines are inaccessible to persons under the age of sixteen years.

 

Comment – Most if not all of the hospitality establishments who have set aside smoking areas in terms of the Act and who make use of vending machines, have located these machines in the restricted or designated smoking areas. However, the varied age restrictions could cause difficulties in this regard. Children 16 years or older will be permitted to purchase cigarettes but will not be permitted to enter the restricted areas in order to make use of the vending machines unless they are 18 years or older.

 

To overcome this situation the Association suggests, once again, that the age restriction, both in terms of section 2(6), 5(1) and in terms of section 4 should be consistent with one another and set at “under the age of 18 years”.

 

 

 

Submission compiled by Mr P. R. Cumberlege

For and on behalf of FEDHASA

13th August 2007

Contact: email – [email protected]