Cafe owner fights second-hand smoke

By John August

Daxa Chauhun and her husband Raman have run RD’s cafe at 187 Kent Street for eight years.

It’s one of a small number of non-smoking balcony cafe-restaurants in the city, but Ms Chauhun says smoke from the adjacent ‘Terrace Bar and Grill Restaurant’ is wafting into the cafe.

Terrace co-owner Gary Surname denies his establishment is affecting Ms Chauhun’s business.

“There’s not just smoking from us – people walking by in the streets smoke too,” he says.

“I’ve seen her patrons smoking in the common area at the top of the stairs. Further, both of them used to be smokers. We are just trying to run a business and make a go of things.”

Ms Chauhun says she has never smoked in her life.

“My husband used to smoke, but never in my presence [and] he gave up a long time ago,” she says.

“I’ve had have asthma for nine years, and need to take prescription medications including steroids – it’s aggravated by tobacco smoke.

“There’s smoke from other things too. But what I notice comes from the Terrace – people light up and you can smell it. It becomes hard to breathe.”

Margaret Hogge, President of the Non-Smokers Movement of Australia says “everybody has the right to clean air”.

“Smokers may have the right to use a legally available product but, like chainsaws and cars, they simply can’t use them where they adversely affect others,” she says.

“According to the NSW Smokefree Environment Act, The Terrace Bar & Grill has no obligation to provide a smoking area for their patrons.

“They do, however, have an obligation not to allow harm to others … with their patrons’ smoke-drift. If you can smell the tobacco smoke, then the poisons are going into your lungs.”

The debate has even attracted the attention of Lord Mayor Clover Moore.

“I asked the Minister for Health to review this matter, which involves people being affected by people smoking on private property,” she says.

“The Minister for Health has told me that there is no legislation that would protect against passive cigarette smoke in this situation, and I’ve asked her to look at how this might be done.

“Another option is for people affected in this situation to seek legal advice about civil action.”

Ms Chauhun is now examining her options in consultation with the Public Interest Advocacy Centre and the Non-Smoker’s Movement of Australia.