THE
FEDERATED HOSPITALITY ASSOCIATION OF
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
email: [email protected]
13th August 2007
REFERENCE TOBACCO PRODUCTS CONTROL AMENDMENT
BILL NO 24B OF 2006
INTRODUCTION - THE HOSPITALITY INDUSTRY OF
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]