Advise needed with the no smoking law please!

[ET08]

Hi guys, is there anyone who knows how to go about laying a complaint against the owners who insist on smoking in family establishments.

 

I know this is a old and boring topic, but I spent a good 45min searching on the net looking for health inspectors etc. to no avail.

 

Thing is, I live in Middelburg (can you feel my pain?).  We have a local aviary/ aquarium/ pet shop/ tea garden, with a big childrens area.  This is the only place to go for a light lunch where your kids can look at and interact with some of the animals.

 

The owners and staff of the restaurant have a big smoking sign up inside.  The cashier smokes behind the counter and occasionally goes into the kitchen while smoking.  I mean, there's no designated areas, and I've never really seen any customers smoking.

 

This is a really neat place otherwise, but it caters mainly for families with young children.  There's always small children in the restaurant area.  Surely something can be done?!!

 

Any advise or help line will be appreciated...

 

[The Saint]

Report it to the Department of Health

[TNT1]

I can loan you Boris...

[The Saint]

Oooops, there is nothing you can do about the smoking outside but as far as I know inside the rest 70% must be non smoking and 30% can be smoking but puffing away in the kitchen is a definate no no

[ewep]

Hi guys' date=' is there anyone who knows how to go about laying a complaint against the owners who insist on smoking in family establishments.

I know this is a old and boring topic, but I spent a good 45min searching on the net looking for health inspectors etc. to no avail.

Thing is, I live in Middelburg (can you feel my pain?).  We have a local aviary/ aquarium/ pet shop/ tea garden, with a big childrens area.  This is the only place to go for a light lunch where your kids can look at and interact with some of the animals.

The owners and staff of the restaurant have a big smoking sign up inside.  The cashier smokes behind the counter and occasionally goes into the kitchen while smoking.  I mean, there's no designated areas, and I've never really seen any customers smoking.

This is a really neat place otherwise, but it caters mainly for families with young children.  There's always small children in the restaurant area.  Surely something can be done?!!

Any advise or help line will be appreciated...
[/quote']

Dept of Health

[The Saint]

Herewith Contact Details for Department

Contact information

Department of Health Private Bag X828 Pretoria, 0001
Tel:	-	012 - 312 0000
Fax:	-	012 - 326 4395

 

[ET08]

I've look at the dep of health site, there's no area for complaints.  I suppose I can fire an email in general but I don't think anything wil come from it.

 

My problem is that the smoking is inside, the only place where you can be served food.  There's plenty of tables outside where management and staff could smoke, but they just could not be bothered.

 

I'm just gatvol of having to suck it up. My wife's pregnant, my boy's 18 months.  I would have avoided the place if there was somewhere else, but the kids love the animals (not talking about management here).

 

[Moab]

You can go to the police since they are breaking a law. I remember when they had those campaigns on years ago they said you can go to them.

[Nettie R]

Don't order anything. Have your kid/s cuddle and stroke the animals on your visits, but don't spend a cent. Encourage your friends to do the same. The lack of patrons will bite them in their ignorant butts(!) soon enough.

[The Saint]

ET08 it would be best to contact the Department and lay an official complaint. In fact they are currently busy with a big conference in Durban discussing Tobacco Control.

The following will happen once you have laid a complaint.

They will send out an inspector who if he finds the law being broken is first reqquired to issue a warning and a 30 day compliance order.

Thereafter should they still be transgressing a fine will be issued

Thereafter they will be taken to court in order to shut the business down.

What you do need to check is if the place sells Cigars. This is a loophole in the act which would then allow them to register (if not already) with the Department as a cigar lounge / bar and smoking within the premises would then be legal. (this may have changed but I don't think so).

Good luck it is a time consuming process but it needs to start with a complaint to the department.

MuXmAn2008-11-21 08:03:56

[Myra]

Di is right.  Smoking in a public place (which means any indoor or enclosed area which is open to the public or any part of the public) is an offence.  I can send you all of the relevant legislation but the problem is not what the law says - its enforcing it.  I don't know about the police officers in Middelburgh but those I've encountered could not be bothered with 'minor' offences like this.

[ET08]

Thanks, I'll use the tel numbers and see what I can get done.  You never know, government might just surprise us!

[The Saint]

One tip I can give you is emphasize that there are kids around. They tend to action things far quicker when children are involved as opposed to adults.

[KDEE]

ET, I take it you have actually spoken to the owners about the issue? Even if you get no joy, thats the place to start..

[Rakker]

I got this number from somewhere. It's specific for reporting things like this. I haven't used it (yet) though.

 

(011)643 2958

 

Let me know if it was useful.  

[ArthurSA]

Answer: Bide your time.  It won't be long before such places are in for a very rude awakening.

 

There are very many pubs and (although less common) restaurants that are breaking the Law that has been in place for several years.  Whether because of the "25% maximum area for smoking" rule, or (much more common) not having a totally separately ventilated smoking area that expels to the outside and that has a closing door or doors.  Or other aspects of the current Law.

 

But at the present, don't waste your time reporting it.  To whoever.  Because the fines are so small (typically R200) that magistrates have thrown out most of the few cases that have been heard.  It's felt their time can be better spent.

 

Now for the good news.  After being passed earlier this year by both Parliament and the NCOP (the National Council of Provinces, the "lower house") and then Parliament again (last month) the much-revamped Tobacco Products Control Amendment Bill [b7D-1008] just has to be signed by the State President and then Gazetted.  (Download it at www.polity.org.za/article.php?a_id=145327.)  That may still take a while, this has dragged on for literally years, but it shouldn't be long now.

 

Aside from many changes. including making any covered (not necessarily enclosed) area part of the area for the 25% calc, the fines are going to be tens of thousands of Rands, not a couple of hundred.

 

THEN we should see some attention being paid!

 

(I'm not a cyclist, but I came across this thread.)