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Legislation Still Stands for Smoking Areas

Legislation Still Stands for Smoking Areas

Waikato District Health Board’s Population Health staff are warning owners of licensed premises in the Waikato that old bad habits creeping back in will not be tolerated.

Population Health Smokefree enforcement officer Nick Young wants to remind bar owners they still need to comply with the Smokefree legislation’s open area provisions.

Open areas are deemed to be areas of licensed premises where patrons can smoke legally because the spaces are sufficiently ventilated and therefore do not meet the definition of an internal area.

“These provisions came into force nearly five years ago but we have recently noticed a slight increase in the number of licensed premises that have non-compliant areas due to lack of natural ventilation from permanent openings,” said Mr Young.

“This can happen when modifications are made to existing areas or new ones are built.”

The ventilation requirements for open areas are outlined on the Ministry of Health’s website http://www.moh.govt.nz/moh.nsf/wpg_Index/About-smokefreelaw-licensedpremises

Population Health inspects all open areas during the on licence application or renewal process and on receipt of any complaints from the public.

When non-compliant areas are identified, Population Health works with the licensee to address the matter but this can have the potential to delay the issue of an on licence by the local territorial authority.

In a case of continued non-compliance the licensee can face prosecution.

“I would rather the licensee contact me during the open area planning stage so I can advise them about the compliance aspect of their proposed scenario,” said Mr Young.

“This can avoid the need for expensive and inconvenient modifications to be carried out at a later date in order to make an area compliant.”

ENDS

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