DESPITE an extended grace period before fines are issued for smoking at eateries, restaurant operators said they still could not cope with stubborn patrons who insist on puffing away at their outlets.

With just four months left until the end of the grace period, restaurant operators are now urging the government to allow designated smoking zones at their eateries.

Malaysia Singapore Coffeeshop Proprietors’ General Association president Ho Su Mong said even though the Health Ministry had allowed a non-enforcement period of a year since the ban was introduced on January 1, there are those who still refuse to abide by the ruling.

“Many of them are regulars in more rural areas. They’ve been puffing away in restaurants for decades and are used to it. 

“We are businessmen, not enforcement officers, so it’s difficult for us to tell them to go outside to smoke,” Ho told The Malaysian Insight.

Ho said the smoking zones should be closer to the premises instead of the 3m distance regulation they currently have to observe. 

“I hope that Health Minister Dr Dzulkefly Ahmad can find a win-win solution for this matter, including considering designated smoking zones, before full enforcement on January 1, 2020,” Ho said.

He said the government could emulate Singapore’s model, in which smokers can light up in designated yellow boxes.

As for how far away designated smoking areas should be from eateries, Ho said this could be negotiated.

“What’s important is that it’s in a ventilated area, so there’s no real requirement on how far away it should be,” he said.

Ho said the Health Ministry and Housing and Local Government Ministry, which is responsible for by-laws governing business premises, should work together on allowing smoking zones closer to eating outlets. 

“If there is no inter-ministry communication, then it’s difficult to solve this issue. Because if the local government and Housing Ministry allow the setting up of a smoking zone, then Health Ministry enforcement officers are powerless to act in the area,” he said.

Ho said he was not opposed to the smoking ban but wanted the Health Ministry to consider the difficult situation restaurant owners find themselves in.

“If we ban smoking and anger customers as a result, we are the ones who suffer. These customers will not return, and we bear the fines if summoned by enforcement officers because of smoking customers,” he said.

The ban, which comes under Regulation 11 of the Control of Tobacco Product Regulations 2004, allows for a fine of up to RM10,000 or two years’ jail for individuals who smoke in prohibited areas.

Under Regulation 12 of the same law, restaurant operators also have to ensure that customers do not smoke, failing which, they face a fine of not more than RM5,000 or imprisonment of up to a year.

The move, implemented by the Pakatan Harapan government after it won federal power last year, bans smoking in all air-conditioned and non-air-conditioned restaurants, coffee shops, open-air hawker centres and roadside stalls throughout the country.

The ban was launched on January 1, with a grace period and no fines issued until July to raise awareness about the new law.

The Health Ministry then extended the grace period until the end of December. 

Ho also hoped the ministry would keep communication channels open with his association and restaurant operators on the matter. – September 4, 2019.