Claudia Calleja
Total ban on smoking in public places from 2013
Out with the cigarettes. As from January 2013 smoking will no longer be allowed in designated smoking rooms within public areas. Photo: Jason Borg.
Smoking in public places will be completely banned within three years and lighting a cigarette will no longer be allowed in designated rooms.
As from January 2013, it will be illegal to smoke anywhere inside public places and this includes all enclosed areas such as clubs and restaurants, according to a legal notice.
"While it is commendable that health authorities carry on with their campaign against smoking, one cannot neglect the fact that such decisions will have a negative impact on business," said Philip Fenech, president of the hospitality section within the Malta Chamber for Small and Medium Enterprises - GRTU.
He explained that when the original smoking ban was introduced in April 2004, several establishments had invested heavily in smoking areas according to the law's specifications. Then, the law allowed smoking areas indoors so long as they were ventilated and totally cut off from the rest of the establishment.
"But now the goalposts have been shifted in favour of those establishments with open spaces. As it is, those places that do not have an open space do not even have the option of investing in a smoking area," Mr Fenech said.
According to the new Smoking in Public Places Regulations 2010, published in the Government Gazette, smoking in designated rooms will only be allowed until 2013. After that, a complete ban will come into force in all enclosed public areas, including temporary structures.
However, smoking will be allowed in individual rooms used for sleeping, like hotel rooms, so long as these are occupied by smokers.
Until 2013, smoking will be allowed in designated rooms that will have been registered with the Superintendent of Public Health within two months from the issuing of the regulations.
Products bearing the words "tobacco" or "cigarette", irrespective of whether they contain nicotine - like electronic smoking devices - are to comply with the Tobacco Control Act 2010 with respect to advertising and smoking in public places.
The 2004 smoking ban was introduced primarily to protect people from the negative effects of second-hand smoke that may lead to cancer and other diseases.
The ban had been resisted by smokers and by representatives of the GRTU and the Malta Hotels and Restaurants Association who feared for their business.
Despite the stamping of feet, the ban went through, even though the effectiveness of its enforcement has since been questioned by some non-smokers.
However, a 2008 study carried out by the anti-smoking campaign HELP: A Life Without Tobacco found tobacco pollution in public places and the presence of carbon monoxide in the lungs of non-smokers had dropped significantly since the ban was introduced.
Applications for the registration of designated smoking areas are available from the Department of Environmental Health in Msida or any departmental regional office. For more information call the department on 2133 7333.
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19 Comments
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Joseph Tonna
Jan 17th 2010, 09:14
Konna u ghadna u mid-dehra ha nibqghu nghixu f'pajjiz tal-mickey mouse !
F' hafna postijiet ghadek tara nies ipejpu , sahansitra anke fuq il-postijiet tax-xoghol fejn impjegat irid jaghmel 8 sighat ighix ma haddiehor ....
Fejn huma n-nies li suppost jiccekkjaw dawn l-illegalitajiet ? ! Tal-Misthija !
M. Galea
Jan 17th 2010, 09:07
On hearing this news on TV last night I could not help my laughter. Smoking is still happening in Band Clubs and Youth Centres and Discos!
Its still the same over here in Gozo!
Action please!
Ramon Casha
Jan 17th 2010, 06:10
"Products ... like electronic smoking devices - are to comply with the Tobacco Control Act 2010 with respect to advertising and smoking in public places."
Ok... why? These devices "provide a flavour and physical sensation similar to that of inhaled tobacco smoke, while no tobacco, smoke, or combustion is actually involved in its operation."
ref: http://en.wikipedia.org/wiki/Electronic_cigarette
H. A. Farrugia
Jan 16th 2010, 23:27
Lets hope the law is enforced and it will go a step further that open air places have designated smoking areas...The current law is a shame. Here I am on a saturday night locked up indoors simply cos I cannot tollerate the stench of smoking in bars. Moreover when a complaint is filed to bar owners...the comment is We are not Police!
S Bamber
Jan 16th 2010, 23:06
this is utter bull... just another regulation put into place to get on people's nerves...not that it will ever be properly enforced. In my opinion smoking in bars should be left to the owner's discretion, if non-smokers dont like it they can just find another bar to poison themselves in. If people honestly care that much about their health they can just sit at home with an oxygen mask strapped on... that will save a lot of hassle. The old law was more than good enough, it just needed to be properly enforced, maybe if our lovely ministers spent more time and effort doing that instead of inventing new ways to tax us no-one would be complaining about cigarette smoke. and to anyone who thinks smoking should be banned outdoors as well, stay home and stop whining... the country does not belong to you, people should be allowed to enjoy an after dinner cigarette if they so desire.
A Ellul
Jan 16th 2010, 19:40
What a farse this law is. Isn't it bad enough as it is, I am asmathic and cannot patronise any bar or club since were ever I go,
Everybody, everytime there are smokers, and apart the ban all my clothes and hair will smell of cigarettes.
There is no respect, and bar owners get away with it due to the disclaimers on the wall, a non smoking sign, yet they allow smoking in their premises.
mhux talli hekk, some patrons pretend they posses the place, and smoke in full view of everybody.
Andrew Agius
Jan 16th 2010, 19:07
Dear Minister
Why don't you take a quick visit to any local band club and check yourself the nice law abiding smokers!
Farsa minn fuq s' isfel....
lorraine Sammut
Jan 16th 2010, 18:24
Let's just hope it works as at the moment its a complete farce! It might work in restaurants but certainly not in pubs and clubs........ It all goes down to the establishment's owners to work hand in hand and not be scared of the customers. Unfort if there's no cooperation between them and supported by the authorities then this law will never work...... PERHAPS THE WARDENS should take care of it. Sadly people are more scared of them due to the fines they give on a regular basis and they rarely ever close an eye ;-)lo
L Mallia
Jan 16th 2010, 17:47
It seems that establishments' open-air areas are smoking areas by default. Non-smokers have the right to sit down and enjoy an establishment's open-air area as much as smokers.
Robert Zammit
Jan 16th 2010, 17:21
Thank heavens for the GRTU reminding us every so often that smoking is (supposedly) banned in clubs!
A Camilleri
Jan 16th 2010, 12:37
Isn't it funny. So the legislators can't take effective action an illegal drug if its not on the list. So we get khat and exstacy-substitutes getting away with murder as the law is not specific. Yet authorities manage to control "Products bearing the words "tobacco" or "cigarette", irrespective of whether they contain nicotine - like electronic smoking devices". It's a funny little world, or maybe its hip to treat smokers in apartheid style. Mankind seems to always wanted to have a minority to legally segregate, squeeze taxes from, and generally make their life miserable. Maybe someone can explain the 'irrespective of whether they contain nicotine or not' bit.
C Calleja
Jan 16th 2010, 12:28
All you had to do is go to Waterfront last night, and all your garments would have the stench of smoke in no time. It's good that the Waterfront is not patrolled by policemen like in Paceville. I guess some establishments are more common than others.
M. Gatt
Jan 16th 2010, 12:23
The first ban on smoking was The Farce Part One and this ban will be The Farce Part Two. If you go to bars and discos you will understand what I mean. Asmathic people like me know exactly what is the value of these bans. There is no need to raise up controversies on these type of bans...they will not be enforced, anyway.
J.Tonna
Jan 16th 2010, 11:47
I agree 100% with this legal notice and urge authorities to enforce it. It is quite natural that the police are not found in every corner so we will be 'helping ourselves' if we report ( say by mobile) any infringement.
The Health Authorities are interested in our health, while business pople are interested in our money. It is up to us to choose.
John Portelli
Jan 16th 2010, 11:34
Here in Perth Western Australia we have had smoking baned not only from indoor public places but from Alfresco areas, even beaches and all bus stops for over 2 years now.Here you hardly see anybody smoke ,but in Malta it seems like cigarettes are vitamins everybody smokes from underage teenagers,pregnant women etc it seems so fashionable and right to smoke yet here the majority despise the minority that smoke.
N.Lawrence
Jan 16th 2010, 11:28
While the authoroties wont/can't enforce existing regulations, this "total ban" will be nothing more than a continuation of the current farce.
Jeremy J Camilleri
Jan 16th 2010, 10:18
I didn t even know there was a partial smoking ban in bars...A quick walkabout in the Paceville clubs will show everyone what I mean.
Paul Barrett
Jan 16th 2010, 10:03
Not a problem - Saves on trying to find a parking place, petrol use and can't afford to go out anymore anyway.
More fun entertaining at home !!!!
G.Debono
Jan 16th 2010, 09:59
Philip Fench, come off it, your bragging resembles my 80 year old grandma. It's not like people have actually completely stopped smoking in public places as it is now. I know what I am saying, after 20 years smoking, I stopped very recently and even with the law in full force not allowing smoking inside, I used to be allowed (together with countless others) in paceville and other town's establishments. Yes, I did get the odd, ara ma jighiex puluzija jarak but that was it, the owner would light up one and join in - keeping a lookout and raise the alarm when any copper was on the beat.
Smoking does no good to your business, it kills your patrons (the ones who spend loads on drinks) and it puts off those that don't smoke. A friend of mine who owns an establishment in Paceville has never felt that the smoking ban has affected his in take, if anything it help increase revenue since smokers tended to drink more to mellow the urge to smoke - So did I do the same thing.