Most bars still out of line as deadline looms

With under a month to go before the introduction of the new regulations on smoking in public places, only a handful of bars have so far conformed to the legal standards published in the Government Gazette yesterday.

According to Philip Fenech, the leisure division president of the Malta Chamber of Small and Medium Enterprise (GRTU), it was "mission impossible" for the majority of bars to comply with the new regulations.

While on one hand the government is intent on implementing the law on October 5 - after having granted an extension to entertainment establishments - the GRTU is appealing for "common sense to prevail" and asking for an urgent meeting with the Health Minister.

Mr Fenech said the GRTU was proposing that the government implement the law in restaurants but exempt bars and nightspots for the time being.

However, at a press conference yesterday health director general Ray Busuttil was clear on the government's intentions: "The law is there and will be implemented on October 5 and every individual is obliged to abide by it."

Dr Busuttil said the law presumed that every establishment would be non-smoking and if smoking was permitted then a designated room had to be set up.

The regulations issued yesterday clearly stipulate that smoking will only be allowed in licensed outlets measuring over 60 square metres if the adequate measures are implemented. The regulations for those under 60 square metres come into force on April 5 next year.

Dr Busuttil said a report issued by the Malta Standards Authority had highlighted the fact that there was no system that could recycle the air and completely eliminate smoke in an enclosed space. With this in mind, the new regulations lay down that if premises are open to smokers then a specific room should be indicated and the door would have to be closed at all times to reduce contamination of the non-smoking zone. To ensure that the room complied with the standards, an engineer would have to certify the place and the room's site plan accordingly.

"The aim of this law is to safeguard public health and protect those who do not smoke. Some say the criteria we adopted are too drastic but we will not compromise where public health is concerned," he said.

Health Promotion Department director Mario Spiteri said latest statistics showed that one in every three persons smoked, which was about one-third of the population. The heavy smokers were usually aged between 24 - 44.

Asked how the government planned to enforce the law in public places, especially in bars and night spots where smoking is rampant, Dr Busuttil said it was likely that the public would be the best enforcers. "At our end, the Health Minister is planning to meet the Home Affairs Minister and police to discuss the best possible way of enforcing the law," he said.

Reacting to the government's press conference Mr Fenech said: "If the EU has not yet felt the need to introduce such regulations why does the government feel it has to go this extra mile? It is being too bold and expecting too much."

Mr Fenech is proposing that bar owners should be given the choice to either declare their premises totally non-smoking, leave the place as is and allow people to smoke, or set aside a room for smokers if they have the luxury of being able to do so.