Smoking Restrictions - Law 44/2008

Lambousa Gordon


Joined: 03/11/2007
Posts: 1992

Message Posted:
20/02/2009 10:32

There has been much speculation concerning the Smoking Laws passed last year, particularly those laws applying to restaurants, bars etc. There has also been talk of some bars being penalized for allowing smoking. I have obtained the statute 44/2008 on the Control and Protection from Tobacco Products and, whilst I make NO guarantee as to the following, can make these observations with regard to restaurants, bars etc:



The Law relates to internal areas only(PART 4, Cl.9.1)



The Law restricting smoking in restaurants, bars etc does not come into effect until 1st January 2010 (PART8, Cl. 3 & 4).



From 1st January 2010 any Restaurant or Cafe establishment selling food may not allow any smoking whatsoever (PART 4, Cl. 9.1.d).



Nursing and Psychiatric Homes, Prisons, Casinos, Discos, Nightclubs and Bars serving only drinks may set off not more than 50% of their premises for smokers. Should they do so no one under 18 years old may enter. (PART 4, Cl 9.2.A,B&C). Extraction machinery mus

Lambousa Gordon


Joined: 03/11/2007
Posts: 1992

Message Posted:
20/02/2009 10:33

Nursing and Psychiatric Homes, Prisons, Casinos, Discos, Nightclubs and Bars serving only drinks may set off not more than 50% of their premises for smokers. Should they do so no one under 18 years old may enter. (PART 4, Cl 9.2.A,B&C). Extraction machinery must be fitted in such areas to prevent smoke spreading to non-smoking areas - which technical requirements and specifications shall be announced later (PART 4, Cl. 4,6&7).



Easily legible signs must be placed forbidding smoking where appropriate with lettering at least 10cm in size (PART6, Cl23 (1)).

TRNCVaughan


Joined: 27/04/2008
Posts: 4578

Message Posted:
20/02/2009 10:45

Without asking you to interpret the rules, what do you think would be the position of a bar which did not sell or serve food but allowed customers to ring for paket service from outside, or indeed a customer who brought his own food with him?

Lambousa Gordon


Joined: 03/11/2007
Posts: 1992

Message Posted:
20/02/2009 13:39

knowing how legalistic enforcement is here I'd say don't take the risk.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
20/02/2009 15:16

Seems clear to me. What are the proposed fines for not adhering to these new regulations?

Lambousa Gordon


Joined: 03/11/2007
Posts: 1992

Message Posted:
20/02/2009 15:30

From what I can see fines are 1/10th minimum wage for first offence. Thereafter the Court may increase fines by double.



My translator is away for a week so any other questions please post them and we;ll set to them later.

Lambousa Gordon


Joined: 03/11/2007
Posts: 1992

Message Posted:
20/02/2009 15:38

A note to publicans, restauranteurs et al:



If, prior to 1st January 2010, you are approached by officials seeking to fine you the relevant part of the law to quote to them is: LAW 44/2008: PART8, Cl. 3 & 4. which states that the Law restricting smoking in restaurants, bars etc does not come into effect until 1st January 2010. PART 8 Cl 3 relates to bars etc not serving food. PART 8 Cl 4 refers directly to PART 4 Cl.9 (1) (D) establishments selling food.