Sunday, 7th February 2010
Smoking laws widely ignored, even by police
A policeman was seen smoking at the PL club in St Julian's last Friday night.
If anyone objected to the bartender smoking behind the bar of St Julian's Labour Club in the early hours of yesterday morning, they would not have had to go far to inform a police officer. St Julian's police station is just next door, and there was an officer in uniform drinking at the bar. The problem was, he was smoking as well.
Smoking in enclosed public spaces in Malta was banned nearly six years ago, but you would not know it if you were in Paceville or St Julian's on the past two Friday nights.
The Sunday Times visited a total of 14 bars in the area over the two evenings between 10.30 p.m. and 1.30 a.m. to witness how the current smoking restrictions are being enforced. Judging by the manner in which revellers smoked inside with impunity, the government's decision to extend the ban to all public places from 2013 will have little significance in Malta's premier nightlife district.
It was 10.45 p.m. in a busy and well-known St Julian's pub on January 29, when a bartender informed this newspaper that smoking inside was at patrons' own risk. The number of people lighting up inside demonstrated that it was a risk many were willing to take.
The bird's eye view of Malta in one of the country's most prestigious venues was obscured by a cloud of cigarette smoke between 11.30 and 11.55 p.m. on the same night. A mixed crowd of locals and foreigners smoked openly, with many lighting up at the bar while waiting to be served.
On to the centre of Paceville, where The Sunday Times asked one security guard on the door of a popular bar on St George's Road if it was possible to smoke inside. "You're a tourist so it's ok," was his reply.
Only one bar visited by this newspaper seemed to be making an effort to stop people smoking illegally, with a bartender telling people to light-up outside.
Three pairs of uniformed police officers were seen patrolling the area in the early hours of January 30, but this did little to deter revellers from lighting up inside. Shortly after 1 a.m., The Sunday Times followed two officers inside a relatively empty bar on St George's Road, where it was apparent that some patrons were smoking. However, they simply threw their cigarettes on the floor while the police chatted to a staff member.
Despite the defiance of smokers witnessed by The Sunday Times, Philip Fenech, president of the hospitality section within the Malta Chamber for Small and Medium Enterprises - GRTU, said the police were very strict about enforcing all licensing laws in Paceville, including the smoking ban.
"Many owners complain to me that the police won't leave them alone," he said.
His comments were backed by Jonathan Grima, manager of Havana club, who accused the police of "overdoing it" and said they sometimes visited his venue more than 10 times per night.
Mr Fenech said security staff should also be preventing people from smoking inside, but their priority was safety and the prevention of trouble when customers were intoxicated. People caught smoking in enclosed public spaces by the police can be fined not less than €232 and not more than €1,164 for a first offence.
While establishments in which people smoke illegally are also liable for a fine, Mr Fenech said owners are fined much less than they were in the beginning, when some owners were taken to court and found not to be responsible for their customers' actions. There were discussions between the GRTU and the police in the months after the ban was introduced and enforcement was made more "practical".
In general, owners of establishments are only arraigned if they are seen to be encouraging smoking by providing ashtrays, not displaying No Smoking signs, or obviously ignoring widespread smoking, according to Mr Fenech.
Mr Grima said bar owners were never arraigned by the police, but health inspectors did occasionally fine owners "as if we can ever be responsible for anyone smoking in our clubs".
The lack of fines for owners means it is not in the interest of bars to stop people smoking illegally, according to a 40-year-old doorman at one of Paceville's most established nightspots on St George's Road.
The man, who did not wish to be named, said his weekends were "a living nightmare" because of passive smoking. "When the ban was first introduced it was heaven. Owners were being fined, so we needed to make sure no one smoked inside. Now owners are not being fined, we are told to be more relaxed about it because we don't want to lose customers," he said.
The doorman added that the problem becomes much worse after 1 a.m., when the venue closes its doors to comply with sound regulations.
The Sunday Times visited these premises after 1 a.m. on January 30 and lingering smoke was clearly visible as customers lit up freely.
While smokers may enjoy the freedom to defy the law, some non-smokers are not happy. Wilfrid Buttigieg, 30, purposely avoids Paceville when possible because he detests passive smoking.
"Paceville seems to be a lawless area when it comes to smoking - some people are so arrogant about it, yet nothing is done. It might only be a minority of smokers, but a minority is enough to put everyone's health at risk," he said.
The police did not respond when asked if they had made enforcement more "practical" by not arraigning owners if customers were found to be breaching the smoking ban.
Police figures show that 2,862 people were charged in 2008 and 2,564 were charged in 2009 for breaking the law on smoking in enclosed public spaces.
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Comments
Non smokers are the ones who have become second class citizens, we're the ones who are forced out into the cold when the inside of a bar becomes impossible to stay in due to the amount of smoke. No matter how much sense or otherwise you think the law makes, no one should consider themselves above it.
@A. Saliba - If you're going to take a look at this from a business angle (which is a totally wrong tack, but I'll humour you anyway), then answer this - Why should the buck of a smoker count more than that of a non-smoker? Businesses could be suffering just as much now due to the lack of custom received from non-smokers such as myself, who refuse to pass the evening in such a sickening environment.
Yes in other countries such as Ireland the owner of the Pub is responsable for seeking the law is observed and they provide areas for smokers and its part of the security personel duty to watch that this happens!
Anyway the problem is always one" il-Huta minn rasha tinten" and until we don't have a real change in the administration of this country there is little hope that things will ever change for better!!
It seems as though someone on the Times' finally acknowledged my/others' observations based smoking blogs, responses, and complaints.
@ Everyone except for L Abela, I agree with all your comments, you all posted valid concerns and have some good ideas on what the, so called authorities can and should do!
Smoking has become so casual and "matter of fact" way of life in Malta over the decades that we can't see the light at the end of the tunnel, for the smoke, literally.
Cases in point, upon arrival back in Malta this summer, relatives and I stayed at a four star rated hotel in the Sliema area. When we switched the A/C on in our rooms, only warm cigarette smoke/air blew in. We and many other foreign parents too, brought it to the attention of the hotel, but were ignored. The fire escape was littered with cigarette butts and breakfast trollies. I believe that the A/C intake was there as-well. (Pictures are on my Facebook, Malta page)...
Am I alone at being able to see the magnitude of extra revenue, tourists, and savings of lives and cash, a total island wide smoking ban would bring?
And the comments by Mr Fenech of the GRTU fools nobody. We have seen enough smoking all these years in most establishments. We remember his 'wealth before health' stand years ago and responded accordingly by boycotting any places where smoking is tolerated!
People go to Paceville for fun, but if it means ending up dying of lung cancer, they can keep all their fun! All this fuss about abortion, but it is perfectly ok to kill people after birth!
One little item that stood out however is the journalist’s eagerness to tell us about the Labour Party club at St. Julian’s – and the fact that the law is being broken there!!
Yet he failed to identify the other bars and clubs where the same law was being broken.
I wonder why??
They should firstly stop fining individuals who smoke (or in other words, stop implicitly challenging them to light up without being caught). And instead of grabbing people by their collar and taking them outside for the inquisition and a VAT receipt, scan their I.D. card. Bar owners should instead be fined a small amount for every I.D. card number collected.
Basic fire-fighting courses tell you to point the extinguisher at the base of the fire, not the flames licking the ceiling. Elementary economics teaches you that it is far easier to regulate at source, rather than the end-point. And the most basic common sense suggests that there would be no bars left if policemen charged bar owners 5 euros for every person caught lighting up inside.
I have a right to inhale clean air. You have a right to smoke. We are in FULL agreement on that one. Now.. if you can manage to smoke without EXHALING your smoke in my face (or in the same enclosed area), go ahead.
In the meantime, no, you don't have a right to make me ill or cause me harm. So go do it somewhere else. We all have rights.. but our rights stop where we're harming other people.
How can the police be trusted to enforce the law if they break it themselves?
These police officers behave like this because they know they will get away with it.
Matters will start to change if the onus of responsibility is also shouldered by the management of these premises as was originally intended similarly as things stands today when underage persons are found in these premises. These premises rake in a lot of money and with that money must come some responsibility.
1) Your are saying that all bar clients are smokers?
2) You are also implying that we should only see the business aspect rather also the health aspect. So because my smoker friend wants to smoke inside instead of outside,this should compromise my health with his passive smoking and all the harm that causes and ruin my eve and life
3) Re introduce the law "both smokers and bar owners get a fine if a person is caught smoking inside."
Thanks for the photo! That show photos says alot.
"As long as enjoy myself F word the rest ' And a policeman who should enforce the law. I would love to see that policeman face and get suspended or fined heavily!!
I don't smoke and I'm allergic to smoke and dust particles. They make me cough so bad sometimes that people ask me how much I smoke.. or comment.. 'ah, you need to quit the cigarettes'.
So someone like myself simply cannot go out and enjoy being on the inside of a club without having cigarette smoke shoved down my throat. I was glad when the law came out.. but really, it practically makes absolutely no difference now. Nothing has changed. People simply hide their cigarette better and burn more holes through people's clothes.
You know, if you wanna smoke and choke yourself to death, be my guest. But please.. go outside.
So they shouldn't be in there in the first place and the barmen/owners should be held responsible for intoxicating them.
""Many owners complain to me that the police won't leave them alone," he said."
As The Times report shows you are totally disregarding the law and you should be fined yourselves.
Mr Grima said bar owners were never arraigned by the police, but health inspectors did occasionally fine owners "as if we can ever be responsible for anyone smoking in our clubs".
Yes Mr Grima. They were on your premises so you are responsible.
Why should non-smokers have to swallow second-hand smoke?
How about sending plain clothes police with hidden video cameras and ticketing all those who are caught smoking including other police who should be fined double the amount for not stopping smoking and smoking themselves?