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Butt out! Smoking ban to kick in on Sunday

GOVERNMENT is banking on people to "police themselves" when a complete smoking ban in all enclosed public places kicks in this weekend.

Health Minister Patrice Minors warned yesterday that the grace period that has allowed customers to continue smoking in many local bars and restaurants over the past six months will expire on Sunday. Twenty licensed premises have applied for exemption from the ban, a Government spokeswoman revealed yesterday.

But changes to the Tobacco Products (Public Health) Amendment Act 2005 may have to be made before exemptions can be given, Ms Minors said.

From the stroke of midnight tomorrow, smokers will no longer be able to light up inside local bars. However, the law allows smoking to continue on open porches, terraces or patios.

Those who contravene the law face a $250 fine, with fines increasing for any repeat offences. And employers face a $1,000 fine for a breach.

"Government does not want to take a Draconian approach on this," a Government spokeswoman said. "The Health Department is looking for a positive response from the public and we hope people will police themselves by reporting any contraventions to the Health Department.

"We have sent out letters to all licensed premises and our inspectors will be making random checks."

She added there was no guarantee that premises that had applied for an exemption would get one.

Minister Minors said: "It has been determined that before any exemptions can be made, legislative changes may have to be made to the Act and this is something that the Ministry will have to further examine."

The Minister added that since the law originally took effect in April this year, many local restaurants had become non-smoking and the Corporation of Hamilton had provided smokers with means of disposing of cigarette butts outside.

Phil Barnett, chairman of the Restaurant and Bar Division of the Chamber of Commerce, said he welcomed the ban and so did a large majority of his members.

"Because everyone has been expecting October 1 to be the date when the law becomes fineable, then everyone's ready for this," Mr. Barnett said.

"The grace period has allowed some smoking to happen in bars and restaurants, but since most of our customers either come from, or have travelled to, jurisdictions where smoking bans are already in place, then they know the benefits of it."

He said he did not believe the enforcing of the ban would affect trade in the smoky bars of Hamilton, where the air is about to clear.

"As long as there is no variance in where smoking is permitted, then it will not affect trade in the bars," Mr. Barnett said.

"There might be a short-term effect, but in the long term, no effect."

He said he understood the Health Department would be responsible for compliance.

"Health inspectors visit on a regular basis anyway and we understand that they will have the ability to impose fines on bar and restaurant owners. The owners have an obligation to enforce the smoking ban."

Vending machine sales of tobacco products will also be banned, as will tobacco advertising at sporting events.

Ms Minors thanked the Chamber of Commerce for its support for the law, as well as tobacconists and businesses which had eliminated their vending machines.

She added that the Government was committed to protecting the public against the health consequences of tobacco smoke, as tobacco use was "still the most significant cause of preventable illness and premature death in Bermuda".