Haze over smoking law

BANNED in ‘enclosed public areas’ smoking and consumption of liquor
Officials not educated on implementation
Three arrested before implementation of Act

By Nadia Fazlulhaq and Vanessa Sridharan
On Friday, the ban on smoking and consumption of liquor in ‘enclosed public areas’ which could draw a fine of Rs. 2,000/- or one year’s imprisonment not only on the smoker or consumer of liquor, but also on the caretaker or owner of the premises came into effect. The public however are little aware on how the laws will be implemented.

The officials, including Public Health Inspectors, Food and Drug Inspectors, Police and Excise Department officials who are supposed to enforce the ban, are yet to be educated on implementing the laws introduced under National Authority on Tobacco and Alcohol Act passed in Parliament in the middle of this year.

Confusion reigned among owners of hotels, restaurants and supermarkets which have been designated as ‘enclosed public areas’ and where the law will be effective. According to the Act, Hotels Lodges and Guest Hsouses which have more than thirty rooms, clubs or restaurants which have at least a seating capacity for thirty persons and airports should have separate areas for smokers.
However smoking on a public road would not be an offence as this does not come under the definition of an ‘enclosed public area’, though it would be prohibited to smoke at a railway waiting room or an enclosed bus terminal (see separate list of enclosed public areas).

Despite the confusion prevailing, in at least three separate cases police have arrested three persons believed to be violating the law. But the ‘arrests’ were made before the Act was implemented on Friday, leading to further confusion among the public. The persons were arrested in Kandy, Kegalle and Mirihana.

“The objective of this Act is to discourage the intake of Tobacco and Alcohol among young children. Therefore selling these products to any person under 21 years is completely prohibited, a Health Ministry official explained. Police Officers, Excise Officers, Public Health Inspectors and Food and Drug Inspectors are appointed as authorised officers to take action against offenders.
“They can enter any place at any reasonable time and arrest any person taking alcohol or smoking in enclosed areas where the public have access”, said Mrs. A. R. Ahamed, Legal Officer of the Health Ministry.

Under the Act there is no-spot fine but the offenders will be fined after producing them at a Magistrate Courts. She added that the Act was not a total ban, but the authority would monitor the first six months and then make further recommendations regarding the strengthening of the regulations.

She said the owner, proprietor, manager, trustee or occupier of any enclosed areas should ensure that no person is taking alcohol and tobacco in the premises or both parties would be accused of violating the law. In addition to the offence of smoking in ‘public enclosed areas’, consumption of liquor in these areas is also prohibited. Free distribution of tobacco or alcohol products, sponsorship by tobacco or alcohol companies at public and sporting events, selling or distribution of merchandise bearing the trade mark or logo of any type of tobacco or alcohol company and putting up hoardings and billboards of tobacco or alcohol advertisements is also banned under this law.

Relevant authorities have been granted permission to arrest and produce the law breakers in court. If found guilty, fines ranging from Rs. .2,000/- to Rs.2,000,000/- could be imposed. Under the Act, an Authority should be set up. Unfortunately there is no link between the prosecution of offenders and the establishment of the Authority. The main task of the Authority would be monitoring the progress and implementation of the Act.

With the ban coming into effect the Ceylon Tobacco Company (CTC) this week issued leaflets to many clubs, eateries and restaurants requesting them to comply with the new act and explained briefly how the law would apply. To some, these notices, were the first indication that such laws were about to be implemented. An owner of an an eating house in Colpetty said they learned of and got to know of the Act only after receiving the leaflet from the Tobacco Company. Health officials didn’t brief us about the Act or the effective date, he said.

The CTC said it was taking measures to educate consumers and dealers on the operation of the act banning smoking in enclosed areas. In a statement the CTC said it fully supported the Government’s move to regulate the tobacco industry and would strictly abide by the new regulations.

The Commissioner General of the Excise Department, R. P. E. Bandara said that the department had not received any instructions from the Ministry, but would take the Act as a guideline. A cross section of the police stations contacted by The Sunday Times revealed that police stations too had not been briefed on the implementation of Act.

Hotels, restaurants and night clubs around the city were caught unawares of the new rule which took effect on Friday. When The Sunday Times contacted the mangers of five star hotels and clubs in the city, they said Ceylon Tobacco Company had issued them letters which advised them to remove all advertisements of tobacco products and to check the identity cards of those who below the age of 21 who buy or smoke cigarettes within the premises.

The owner of a popular restaurant said it was Ceylon Tobacco Company which hads sent out leaflets stating guidelines and procedures. The Heath Ministry he said had not provided any type of pamphlets or a briefing on the matter. Club owners also said that they had taken down all tobacco and alcohol posters and billboards. They added that a secure smoking lounge would be created if the new law so stipulated.