South Australia a step closer to smoke free pubs and clubs

New restrictions on smoking in South Australia’s pubs, clubs, gaming rooms and the casino will begin within weeks if the Rann Government’s tobacco control legislation is passed by the State’s Upper House this week.

Health Minister Lea Stevens is urging the Upper House to pass the new laws.

“The pub and club industry has been gearing up for this change since last year and is ready to go,” says Ms Stevens. “October 31 has been the target date set for the first phase of this historic process, and we need the Legislative Council to pass the laws this week.”

The first phase of the smoking restrictions will see smoking banned within one metre of all service areas (including front bars and casino gaming tables), and a requirement for one bar in all multi-bar venues to be non-smoking or, for single bar venues, at least 50 percent of the floor area to be non-smoking. Half of all bar areas at the Adelaide Casino are to be non-smoking.

For gaming rooms, 25% of the gaming floor area (which contains at least 25% of the gaming machines) is to be non-smoking, increasing to 50% in October 2005.

A complete ban on smoking in pubs, clubs, gaming rooms and the casino will come into effect from 31 October 2007, in line with the timetable agreed by industry and health groups last year.

The introduction of these measures will be accompanied by funding of more than $2.3 million for:

• a public education campaign;
• a Business Consultancy Service for licensed country hotels and clubs to assist them in adapting to the new legislation;
• and enforcement and monitoring of compliance.

The Tobacco Products Regulation (Further Restrictions) Amendment Bill 2004 also seeks an immediate ban on smoking in all other enclosed workplaces and public areas, including shopping centres, and to remove current exemptions for smoke-free dining.

The legislation will also:

• immediately ban the advertising of tobacco products in the course of a business (ie no more cigarette posters glamorising smoking);
• further restrict the use of cigarette vending machines, making it even more difficult for children to access and use them;
• ban the use of mobile displays such as cigarette trays in nightclubs;
• and for the first time make employers liable if their employees sell cigarettes to children.

The Government has decided not to proceed with regulating point of sale display of tobacco products (such as cigarette packs and cartons) in this Bill, embarking instead on a process to try and achieve a measure of national consistency in the area, before legislating.

Ms Stevens has written to State and Territory Health Ministers seeking their agreement to put national consistency of tobacco product display laws on the agenda for discussion ahead of their next national meetings. She has already discussed the matter with Victorian Health Minister Bronwyn Pike and NSW Health Minister Morris Iemma, who have agreed to further discussions.

It is also the State Government’s intention to push for further changes to the national regulations regarding the look of, and messages on, cigarette packs. Tightening these rules will overcome many of the complexities involved with display restrictions.

“Most States are currently grappling with what restrictions they want to put in place, and how to achieve them,” Ms Stevens says. “At the moment there is no consistency at all between States in the laws surrounding display of tobacco products.

“In my consultations with national retailers they expressed a strong wish to achieve national consistency on tobacco product display. I think that’s common sense.

“We believe there exists a window to try and achieve that, and I am raising it with my State and Territory colleagues.”

Product display restrictions in SA were not due to come into effect until 31 March 2005. This time-frame may now be delayed while the national discussions occur.

Ms Stevens says the current legislation still represents a comprehensive package of measures from small to large to help reduce the number of people smoking, in particular young people. “This legislation contains the most comprehensive package of measures to reduce the rate of smoking in South Australia that we have ever seen,” Ms Stevens says. “Once it is passed, SA will have achieved historic progress in anti-tobacco measures, after progress stalled completely under the former Minister, who had four years to introduce tobacco control laws and did absolutely nothing at all.

“This is a total package to stop the recruitment of young people to smoking, to help people who are quitting from relapsing – in particular at social settings like the pub - and to protect workers and other non-smokers in those venues. “At the same time, through our phased approach and through funding for a business consultancy service, we are giving business time to adjust and help ensure the financial viability of pubs and clubs, and therefore protect jobs.

“Similarly, we remain committed to imposing cigarette pack and carton display restrictions, but – as with the hotels and clubs – we want to take a balanced and, if possible, national approach.

“We believe it is worth taking the extra time required to get this right.”