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The Daily Telegraph ^ | August 14, 2006 | David Fisher

Posted on 08/14/2006 5:07:19 AM PDT by SheLion

NON-SMOKERS are being banned from drinking in outdoor smoking areas in pubs and clubs under draconian council rules.

Some councils are forcing licensed venues to hire bouncers to enforce the bans, costing tens of thousands of dollars a year, while preventing non-smokers from using outdoor areas.

It has raised concerns about discrimination against non-smokers and suggestions that councils are going beyond the State Government's legislation and imposing their own rules.

The Daily Telegraph has learned that at least two councils – Fairfield and North Sydney – have already employed the tactic when approving development applications from premises wishing to comply with the NSW laws.

The outdoor spaces are being built to comply with the total indoor smoking ban at licensed premises that comes in to effect next July.

But those laws do not exclude non-smokers nor ban drinking in those areas.

While many councils are imposing special conditions, by far the harshest is Fairfield Council.

The council's determination notice regarding Mount Pritchard club Mounties' development application for a 40-person terrace says: "The outdoor terrace area shall be used for the exclusive purpose of patrons smoking. A security guard shall conduct regular patrols within the terrace area at all times to ensure that the terrace is for smoking purposes only."

The council document goes on to say, "there shall be no bar service or consumption of food within the terrace".

Mounties CEO Greg Pickering said the restrictions raised questions of discrimination.

"Could you imagine being told you must be a smoker to use a particular area of a club?" he said.

Fairfield Council has imposed the same or similar conditions on other clubs, including Cabra-Vale Ex-Servicemen's Club, St Johns Park Bowling Club and Canley Heights RSL.

Australian Hotels Association president John Thorpe has said publicans, including himself, were facing enormous difficulties getting DAs through.

Another council placing strict conditions on outdoor areas is North Sydney.

Local club Norths has had a terrace designed by acoustic engineers who specified 3m high walls and special sound proofing materials – but that is not enough.

"The council did not even look at the acoustic report showing the terrace noise would be even lower than the council's own requirements," Norths CEO Hans Sarlemyn said.

The club has been told the terrace will have to close at 9pm on weekdays and 10pm Saturdays and Sundays.


TOPICS: Culture/Society; Government; United Kingdom
KEYWORDS: anti; antismokers; augusta; bans; budget; butts; camel; caribou; chicago; cigar; cigarettes; cigarettetax; commerce; epa; fda; governor; individual; interstate; kool; lawmakers; lewiston; liberty; maine; mainesmokers; marlboro; msa; niconazis; osha; pallmall; pipe; portland; prosmoker; quitsmoking; regulation; rico; rights; rinos; ryo; sales; senate; smokers; smoking; smokingbans; taxes; tobacco; winston
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Congratulations to those councils it's about time! The smoker has been discriminated against for years now the shoe is on the other foot.
1 posted on 08/14/2006 5:07:21 AM PDT by SheLion
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To: Just another Joe; Madame Dufarge; Cantiloper; metesky; Judith Anne; lockjaw02; Mears; CSM; ...

2 posted on 08/14/2006 5:07:50 AM PDT by SheLion ("If you're legal, you can fly with the Eagle!" - Michael Anthony)
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To: SheLion
It has raised concerns about discrimination against non-smokers


lol the smoking Nazi's have booted us out of just about every establishment now we are being stalked by the non smokers and its suddenly discrimination
3 posted on 08/14/2006 5:12:40 AM PDT by boxerblues
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To: SheLion
Could you imagine being told you must be a smoker to use a particular area of a club?" he said.

The anti-smokers have been shrieking about second-hand smoke death rays for years now.

Am I to understand that they now want to voluntarily go amongst the smoking lepers?

What about the effects of second-hand whining and moaning on the smokers? Don't they deserve to be "protected" too?

The concept of a two-way street is apparently too difficult for the Nazis to assimilate.

4 posted on 08/14/2006 5:18:55 AM PDT by Madame Dufarge
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To: SheLion

"Could you imagine being told you must be a smoker to use a particular area of a club?" he said.


It just PROVES that it will never be enough. These people want NO compromise. They already got their way everywhere else. Now they want to make this an issue?

"It has raised concerns about discrimination against non-smokers and suggestions that councils are going beyond the State Government's legislation and imposing their own rules."

What a joke. Discrimination against non-smokers.

The outside area is for smokers. THEY wanted it to be this way. Now they want to go outside and complain?

Give me a break.



5 posted on 08/14/2006 5:19:41 AM PDT by 383rr (Those who choose security over liberty deserve neither- GUN CONTROL=SLAVERY)
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To: SheLion

The dangers of secondhand fresh air, I suppose.


6 posted on 08/14/2006 5:20:06 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: SheLion

>>>>Some councils are forcing licensed venues to hire bouncers to enforce the bans, costing tens of thousands of dollars a year, while preventing non-smokers from using outdoor areas.<<<<

This nugget here is very understated.

All these NGO funded programs come with agents to enforce the NGO funded rules (READ: UN!) or requirements to hire them.

These NGO funded enforcers are trained to implement UN law.

This is a transcribed flyer of a law office near my home.

They train enforcers of the Animal Task Force laws:

http://www.freerepublic.com/focus/f-chat/1562040/posts
NJSBA Animal Law



http://www.freerepublic.com/focus/f-news/1563271/posts
Healthy People 2010

OR

http://www.freerepublic.com/focus/f-chat/1561077/posts
Model School Nutrition Program

The Food Program being implemented into all our schools that receive federal funds brings with it enforcing agents of this program and a FOIA that releases our children's data to the grantor.


I wish people will stop focusing on the 'smoking vs. non smoking' parts and start looking at the force that is making these laws and rules. Smoking is only ONE focus area of Healthy People 2010. There are 28 focus areas with numerous sub categories to them.

We are under UN rule people. WHY and how do we stop it?


7 posted on 08/14/2006 5:21:44 AM PDT by Calpernia (Breederville.com)
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To: SheLion
It has raised concerns about discrimination against non-smokers

ROTFLMAOAPMP!!!!!!!!!!!!!!!!!!!
8 posted on 08/14/2006 5:21:49 AM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: SheLion
Careful She-lion. I smell a trap.

Either this is satire, or it's a devilish new tactic being attempted by the anti-smoking gestapo.

If serving of food or drink is not allowed in the outdoor area, it impacts the utility of the area and the premises' profit.
Further, by defining "smoking" as having a lit cigarette going continuously (an absurd definition), it impacts everyone smoker and non-smoker alike.

Don't know about Australia, but in the U.S. that is clearly within the no-no actions of any authority: arbitrary and capricious,.

9 posted on 08/14/2006 5:22:08 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: SheLion

I hope this starts a trend worldwide and yes,non-smokers should be discriminated against!Non-smokers are just a bunch of mentally disturbed health freaks.Businesses for smokers only would be a real slap in their arrogant,da*n little faces.


10 posted on 08/14/2006 5:24:10 AM PDT by INSENSITIVE GUY
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To: SheLion
NON-SMOKERS are being banned from drinking in outdoor smoking areas in pubs and clubs under draconian council rules.

Oh the horror.
11 posted on 08/14/2006 5:25:08 AM PDT by cripplecreek (If stupidity got us into this mess, then why can't it get us out?)
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To: SheLion

"Could you imagine being told you must be a smoker to use a particular area of a club?" he said.

Could you imagine being told you must be a non-smoker to use a particular area of a club? Does this hypocrit even realize how dumb he sounds? If it is acceptable that the government can impose it's preferences on private property, then why is it wrong for the property owner to impose restrictions that are well within the law?

These gnatzies are now proving that it IS ALL ABOUT CONTROL, NOT HEALTH!


12 posted on 08/14/2006 5:28:00 AM PDT by CSM ("The fatter we get as a country the more concerned we get about smoking" - ichabod1)
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To: SheLion

I know where my tourist dollars are going next Easter!


13 posted on 08/14/2006 5:29:00 AM PDT by Androcles (All your typos are belong to us)
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To: SheLion
The council document goes on to say, "there shall be no bar service or consumption of food within the terrace".

I think you've been tricked by some sensational editorializing.

Us non-smokers could care less if we've been banned from a smoking area in any case.

14 posted on 08/14/2006 5:32:19 AM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: Publius6961; SheLion
If serving of food or drink is not allowed in the outdoor area, it impacts the utility of the area and the premises' profit.

The wording is kind of ambiguous, but the regulations could be interpreted as drinking is allowed, but drinks can't actually be served in the smoking areas. The regulation specifically prohibits the consumption of food, but prohibits only bar service.

The council document goes on to say, "there shall be no bar service or consumption of food within the terrace".

15 posted on 08/14/2006 5:32:44 AM PDT by Madame Dufarge
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To: SheLion

It's never been about forcing smokers outside.

It's always been about forcing smokers out. Period.

They want no place for smokers in their utopian world.


16 posted on 08/14/2006 5:33:43 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: SheLion
Congratulations to those councils it's about time! The smoker has been discriminated against for years now the shoe is on the other foot.

I don't see this as intended to discriminate against non-smokers so much as smokers are now being forced to be separated from their non smoking friends even when their friends don't mind being around second hand smoke.

It looks like the smoking nazis can not tolerate it that any non smoker might actually choose to go outside to visit with their smoking friend.

Musn't allow even a hint of tolerance towards smokers.

17 posted on 08/14/2006 5:34:08 AM PDT by joshhiggins (O you who believe! do not take the MUSLIMS for friends; ...surely Allah does not guide the unjust...)
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To: SheLion

Moth, meet Flame! BZZZZT!


18 posted on 08/14/2006 5:40:47 AM PDT by Eastbound
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To: CSM
Could you imagine being told you must be a non-smoker to use a particular area of a club?

I've yet to see an establishment that tries to say you must be a non-smoker to come inside...only that you cannot smoke inside. I can't see how you would enforce the former outside of a smell test.
19 posted on 08/14/2006 5:40:55 AM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: boxerblues
lol the smoking Nazi's have booted us out of just about every establishment now we are being stalked by the non smokers and its suddenly discrimination.

I know it. That is what "I" was thinking.

Before, we had our smoking lounges indoors.  Then, when they kicked us outside, then they started screaming that they had to "walk through smoke" to access the building.  Well, what in the world did they expect?

We were happy in our smoking lounges, out of site from everyone else, but now that they kicked us outside, that still isn't good enough for them.  I'm fed up!

20 posted on 08/14/2006 5:48:40 AM PDT by SheLion ("If you're legal, you can fly with the Eagle!" - Michael Anthony)
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