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Posted on 07/26/2003 12:43:10 PM PDT by freeforall

Smoking bylaw charges laid

Four London bars and restaurants are the first city businesses to be issued tickets. ELAINE SMITH, Free Press Reporter 2003-07-26 03:50:25

Tobacco enforcement officers laid the first charges against businesses under the city's new smoking bylaws, issuing tickets this week to four bars and restaurants. Owners of the Last Drop on Talbot Street and the Paradise Cafe Bar and Grill on Adelaide Street were each charged early this week for allowing people to smoke, Mary Lou Albanese, manager of chronic disease and injury prevention for the Middlesex-London Health Unit, said yesterday.

However, staff at both locations said they were under the impression the charges resulted from staff leaving the patio door connecting the building and the patio open, potentially irritating patrons indoors.

"It's wrong if they said someone was smoking inside, this is a lie," John Costa, owner of the Paradise Cafe, said yesterday. Costa said he plans to fight the charge in court.

Two establishments, Suz Blues House on Dundas Street and Symposium Cafe on Richmond Street, were charged Thursday for patio door infractions.

The city's new bylaws banning smoking in public places and in workplaces took effect July 1.

The health unit hired a team of six tobacco enforcement officers in June to randomly check public places and to investigate complaints. Once they identify an infraction, they have 30 days to issue a ticket.

Those charged face a $255 fine. If the issue goes to court and the person is found guilty, the fine can be as much as $5,000.

"Every night, our inspectors are out there doing random checks, unless we have a complaint," Albanese said.

Aside from a smoker who challenged the bylaw by deliberately smoking July 1, no individuals have been charged, Albanese said. Bar and restaurant owners are responsible if anyone is caught smoking at their establishments.

"It's their responsibility to make sure no one is smoking on their premises," Albanese said.

"The only time an individual would be charged is if the owner has done everything possible to get them to stop smoking and they won't."

Two private clubs, the Canadian Corps on Kellogg Street and the Army, Navy and Air Force Club on Colborne Street are under health unit investigation because patrons are still lighting up.

"We have had calls of concern," Albanese said.

Private clubs fall under the workplace smoking bylaw, but the two private clubs maintain they should not be considered workplaces because they are run by members, not employees.

"We don't want people to storm the door because there's still smoking here," said Mary Hooper, a member of the Army, Navy, Air Force executive who confirmed the club is run by volunteers. "Nobody can come in who isn't a member. The basis of the organization is veterans."

Compliance, not disobedience, has been the norm under the new bylaws, Albanese said, adding the true test of the bylaws will come later this year.

"Other communities have found it takes three to six months before things level off."

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