The smoking ban extension, that will no longer allow cigarettes to be lit in designated rooms within public areas, will discriminate against those establishments that do not have an outdoor space, business representatives have warned.
The Chamber of Small and Medium Enterprises - GRTU, and the Malta Hotels and Restaurants Association (MHRA) have expressed concern that indoor-only venues will be at a disadvantage when the total smoking ban comes into force in January 2013.
As from then it will be illegal to smoke anywhere inside public places and this includes all enclosed areas such as clubs and restaurants, according to a recently published legal notice.
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 permitted smoking areas indoors so long as they were ventilated and totally cut off from the rest of the establishment.
The 2013 smoking ban extension would be a blow to those bars, restaurants or clubs that invested in smoking rooms, the GRTU and MHRA maintained.
Chris Zammit Lupi, the owner of D'Agostino restaurant in Valletta, is one of those who spent hundreds of euros to convert a part of the venue into a smoking area by installing a ventilation system.
"It's not fair that now we are told that this area cannot be used. It is also not fair on smokers who wish to come to the restaurant," he said.
GRTU director general Vince Farrugia said that the 2013 deadline should be extended for those establishments that invested in smoking areas.
"They spent lots of cash and should be given the time to recoup their investment," he said.
MHRA president George Micallef disagreed with Mr Farrugia's proposed deadline extension but suggested the regulations be revised so that owners of indoor-only establishments would still have the option of investing in a smoking area for their customers.
"It's very important that we don't create an unfair playing field. Perhaps the regulations' conditions for smoking areas should be reviewed, if need be made stricter, to allow those willing to invest in environmentally controlled areas to have the option to make that investment," Mr Micallef said.
Both Mr Farrugia and Mr Micallef said they respected the health authority's drive to move towards smoke-free public places. However, the reality was that there was a smoking community.
"We have to accept that there is a community of smokers and we must not infringe on their rights," Mr Farrugia said, adding that the law should be revised to allow small establishments to declare themselves smoking establishments.
"That way, smokers have the choice to go there and non-smokers can keep away," he said.
Mr Farrugia said the smoking ban had worked as it led to a smoking ban in offices and restaurants and a more 'outdoorsy' culture where tables and chairs started being placed outside even in winter.
The planning and tourism authorities, he said, should be more tolerant when it came to allowing these establishments to place furniture outside.
Since the smoking ban was introduced in 2004, the effectiveness of its enforcement has been questioned by some non-smokers.
This was a feeling shared by various timesofmalta.com readers, one of whom wrote: "While the authorities won't/can't enforce existing regulations, this total ban will be nothing more than a continuation of the current farce."
Andrew Borg Cardona, a representative from the Tobacco Industry Advisory Council, said that while the 2004 ban did have an impact on the industry, the extension would not have "significant repercussions".
According to a second legal notice published last week, the ban also applied to products bearing the words "tobacco" or "cigarette", irrespective of whether they contain nicotine - like electronic smoking devices.
Dr Borg Cardona said the council was in favour of the inclusion of all tobacco-labelled products as this ensured a level playing field.