I was sitting in one of my favourite restaurants yesterday, all cozied up inside with a glass if wine, when, through the keyhole in the door I had my back to, came the smell of cigarette smoke. I had to move tables because I refuse to have my sense of smell attacked like that. Unfortunately, there was nothing I could do to keep my table, as the guys were outside and surely you can smoke outside?

There was interesting chat on Cape Talk the other day – Kieno Kammies interviewed Roberto Isaaks, the environmental health manager for The City of Cape Town. They had a quick discusion about CT’s smoking laws.

People have been raising their concerns over the perceived violations of our smoking bylaws and whether there is a way in which they can ensure action is taken where necessary. It seems that they have had no joy when raising it with those who manage the area, for example near the entrances of shopping centres.

So where are you actually allowed to smoke? We all know you can’t light up your smoke in the kids play area of a restaurant. But restaurants do have to comply with some regulations – for example, the designated smoking area cannot exceed 25% of the total area of the venue, and there must be solid partitioning and adequate ventilation.

But, people still try to transgress the law, and that’s because no one is really available to enforce smoking legislation and the smoking of tobacco products in public places.

You can’t smoke in partially enclosed public places e.g. covered patios, verandas, balconies, walkways, parking areas.

For example, if you are standing in a doorway outside an office or mall, it is considered a public thoroughfare. But it’s outside. Is that fair? You’re not technically allowed to smoke at an entrance, but at the same time the law doesn’t actually mention the distances. There is currently a draft legislation in progress that will rule on a minimum of ten meters, so as soon as that’s passed we can all start getting crabby with one another.

As for E-cigarettes… there is currently no legislation for them and it’s hard to define what they are because of the nicotine/tobacco definition in cigarette regulations. Alarmingly, it excludes them at the moment, but this is being reviewed.

The public can phone the City Help Desk – 0860103089 – to complain about a person, restaurant, mall or office, and also to their local sub-council. Isaaks says they take complaints seriously, and try to come to venue on the same day as the complaint.

I wish I could give you a list or an interactive map, I would, mostly so that I can breathe easy.

You can listen to the interview HERE.

[Source: EWN and Cape Talk]