Media release:                                                                         July 24, 2009

Smokefree club decision welcome but penalty light

 Venues should take public and work health responsibility seriously

 

Employee and health organisations have welcomed a landmark NSW court decision upholding smokefree licensed venue laws, but expressed concern that the venue prosecuted has escaped with a light penalty.

The Liverpool Local Court has imposed a penalty of $1500 on Kemps Creek Sporting and Bowling Club for breaching Section 8 of the Smoke Free Environment Act by permitting smoking in an enclosed gaming room in September 2008.

The decision was the first to apply a NSW Supreme Court ruling defining “enclosed” areas where smoking is not permitted under the Act.

Says Stafford Sanders, co-ordinator of the SmokeFree Australia coalition of employee and health organisations:  “This clarification of where venues can and cannot permit smoking is welcome – but the Kemps Creek Club should consider it has escaped lightly with a fine of just $1500 for seriously  endangering public and employee health.

“A venue that has not even satisfied the very weak NSW smokefree workplace laws has demonstrated that it does not take seriously its responsibility to protect employees and patrons from the known serious health hazard of secondhand smoke.

“Would we treat so leniently a venue which exposed people to another airborne carcinogen – asbestos for example?”

SmokeFree Australia has called for all workplaces, whether enclosed or not, to be made 100% smokefree by law, in line with health evidence, Occupational Health and Safety rights and duties and international treaty obligations.

Comment:        Stafford Sanders, SmokeFree Australia        ph. (02) 9334-1823    m. 0412-070-194

* SmokeFree Australia coalition for clean safe workplaces:
Action on Smoking and Health Australia; Asthma and Allergy Research Institute; Australian Council of Trade Unions;
Australian Council on Smoking and Health; Australian Medical Association; Cancer Council Australia; Heart Foundation;
Liquor, Hospitality and Miscellaneous Workers’ Union;  Media, Entertainment and Arts Alliance; Musicians’ Union of Australia; 
Non-Smokers’ Movement of Australia

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