Lancet Jades
04-16-2004, 04:49 PM
New smoking ban a legal nightmare
Norway's hospitality industry has even more worries when the country's ban on smoking in pubs, restaurants and bars comes into effect on June 1. Not only are establishments now told they have no authority to enforce the law, they are nevertheless responsible for doing so, Norwegian Broadcasting (NRK) reports.
http://www.aftenposten.no/multimedia/archive/00190/_0951804_jpg_190120h.jpg Many of those who enjoy an active life out on the town find a cigarette is a vital ingredient.
PHOTO: TONE GEORGSEN
(http://www.aftenposten.no/english/local/article169302.ece)A letter from the labor inspectorate has informed restaurant owners that only police have the legal authority to eject customers for transgressing the new smoking ban. Establishment owners and staff can only ask smokers to stop.
"We get an unsolvable problem. And the reason is this strange legislation that says that it is not the ones breaking the law that should pay, but the ones that own the premises," said Christian Aubert, head of the association for a better time out on the town.
In other words, the smoker risks nothing by violating the pending smoking ban, but the place where the violation occurs can face stiff fines. The law is unfair and has to be changed, Aubert argued.
"This is the same as saying that traffic authorities should get all speeding fines instead of the drivers that exceed the speed limit. If you are going to say that smoking in a restaurant is forbidden, then you have to criminalize the smoker and not the one running the restaurant," Aubert said.
Norway's hospitality industry has even more worries when the country's ban on smoking in pubs, restaurants and bars comes into effect on June 1. Not only are establishments now told they have no authority to enforce the law, they are nevertheless responsible for doing so, Norwegian Broadcasting (NRK) reports.
http://www.aftenposten.no/multimedia/archive/00190/_0951804_jpg_190120h.jpg Many of those who enjoy an active life out on the town find a cigarette is a vital ingredient.
PHOTO: TONE GEORGSEN
(http://www.aftenposten.no/english/local/article169302.ece)A letter from the labor inspectorate has informed restaurant owners that only police have the legal authority to eject customers for transgressing the new smoking ban. Establishment owners and staff can only ask smokers to stop.
"We get an unsolvable problem. And the reason is this strange legislation that says that it is not the ones breaking the law that should pay, but the ones that own the premises," said Christian Aubert, head of the association for a better time out on the town.
In other words, the smoker risks nothing by violating the pending smoking ban, but the place where the violation occurs can face stiff fines. The law is unfair and has to be changed, Aubert argued.
"This is the same as saying that traffic authorities should get all speeding fines instead of the drivers that exceed the speed limit. If you are going to say that smoking in a restaurant is forbidden, then you have to criminalize the smoker and not the one running the restaurant," Aubert said.