AS the smoking ban at eateries officially came into force yesterday, there are still stubborn customers who refuse to follow the regulation, according to restaurant operators.

They told The Malaysian Insight that it was difficult to “police” these errant smokers as they do not have enforcement powers.

It would be better if the Health Ministry places enforcement officers on the ground to book these lawbreakers, they said.

Noorul Hassan Saul Hameed, who runs Hassan Cafe Sdn Bhd in Setia Alam, said the responses from customers have been mixed.

“Some of them obeyed. Families love this new rule as they prefer the area to be smoke-free,” he told The Malaysian Insight.

The ones reluctant to follow the rules are individuals used to having a fag while having their meals.

“It has been more than one year (since the grace period) but it is their lifestyle. I think it’s difficult for them to change in one year,” he said.

The government has done the right thing, giving the public the grace period to adapt to the ruling, he said.

“As an operator we are in a dilemma. We believe that the customer is always right. We have put up signage and placed pamphlets but there are still some who ignore the new regulation.

“Our staff find it difficult to control these smokers. We are not enforcement officers. We are food sellers. We cannot control our customers too much. As an operator we cannot control too much, it is in the government’s hands.”

Noorul Hassan said there is a need for a designated smoking zone, such as a room at eateries similar to those in Singapore, to allow customers to enjoy a smoke break.

Smokers are allowed to light up at 3m or more from tables or chairs at restaurants.

Ayoob Khan of the ABC chain of restaurants said it’s difficult to stop certain customers from smoking within the vicinity.

“They can only be stopped when an enforcement officer (from the Health Ministry) is there. We have already put up signage but there are still adamant customers.”

He said although the grace period was in force last year, there are still customers who refused to adapt to the new rules.

Meanwhile, an Indian-Muslim restaurant in Cheras saw no problem when it comes to compliance from the smokers.

“All our customers have been following the rule since last year. They go out to smoke,” said a restaurant worker who only wanted to be known as Javid.

While customers welcome the move, they also question its effectiveness.

Customer Razlina Yaakob said while the law can be enforced, the difficulty lies in getting people to obey it.

This also has to do with the mindset and attitude of the people, she said.

“A law can be created but how they implement it is another thing. The grace period has been there since last year.

“People keep taking pictures of smokers and posting them on Facebook and what happens to the complaints?

“There was this serious case where a waiter was slapped for stopping the customers (from smoking),” she said, referring to a waiter who was slapped after asking a group of men to stop smoking.

Another customer, who only wanted to be known as Kumar, said while the smoking ban is a step in the right direction, it will take some time for certain customers to shed the habit.

“It also raises the question of how is the government going to enforce this? Will there be enforcement officers all the time? How is it going to work?”

As for Chong, the move is a good one as he is now able to dine with his four young children at eateries without having to inhale second-hand smoke.

The ban on smoking at eateries was introduced on January 1 last year under the Control of Tobacco Products (Amendment) Regulations 2018, but it was not enforced in 2019, with the government opting to create awareness and “education advocacy”.

Under the new regulation, both smokers and eatery owners can be fined.

The public can report offenders to the Health Ministry’s hotline at 03-8892-4530 during office hours or send a WhatsApp message to 010-860-8949, with the name and address of the eatery, a photo of the smoker, and the time and date of the incident.

Eateries which fail to display no-smoking signs can also be reported to the ministry. – January 3, 2020.