Gamblers butt out after pub smoking ruling

BY PATRICK BILLINGS The NSW Supreme Court has sent a smoke-free signal to pubs and clubs who attempt to take advantage of loopholes in the state’s smoking laws, said the NSW Department of Health.
The Court ruled that Dubbo RSL was in breach of smoking laws for providing a partly enclosed terrace opening onto a courtyard, rather than two separate sites.
Dubbo RSL Club had spent $4m in renovations to comply with the 2000 regulations for pubs and clubs.
Chief Judge of the Common Law Division Justice Peter McClellan, who presided over the test case between Dubbo RSL and the State Government, said his decision was ‘of general significance to licensed premises’.
He said the Tab and gaming rooms were ‘enclosed’ areas that were clearly separate from the outdoor areas.
‘I do not accept this submission. Although the walls are continuous the area does not have a uniformity of purpose,’ Justice McClellan said. ‘The gaming facilities are confined to the covered area, and when the relevant place has a roof the smoke may only escape laterally.’
The decision has put industry lobbyists into overdrive as they try to comprehend its impact on Clubs and Pubs across the state. ClubsNSW said the decision could cost licensed venues millions of dollars in rebuilding smoking areas.
‘To call this decision ambiguous is the unequivocal understatement of the year and it is a dire result for the clubs,’ a ClubsNSW spokesperson said.
‘If the current law stands the worst case scenario is that several hundred clubs in NSW will have to spend hundreds of millions of dollars altering or rebuilding smoking areas.’
NSW Health has welcomed the verdict, saying the judgement upholds the amendments made to the Smoke-free Environment Act in 2007.
‘We are happy with the Supreme Court decision. This decision has not altered or changed any of the provisions found in the Smoke-free Environment Regulation 2007,’ a NSW Health spokesperson said.
The spokesperson conceded the legislation was ‘necessarily complex’ but said the department would be undertaking regular inspections to enforce the regulations.
But Rocky Massaria, General Manager of the NSW Bowlers Club, said the finding could have unintended impacts for the community.
‘It could force a lot more people smoking out on the streets clogging up the footpaths. I do not think the Lord Mayor wants to see that,’ Mr Massaria said.
He said the decision was likely to reduce his club’s revenue, which is already under threat from indoor smoking bans.
‘The government must be feeling the pinch not receiving gaming revenue. They have already taken a loss more than they budgeted for when indoor smoking bans were put into place,’ Mr Massaria said.
ClubsNSW said the ruling was a ‘double hit’ to clubs in the city which have already suffered a 25 per cent drop in revenue and whose viability was now in question.