The NSW government will introduce a smoke-free outdoors law this year, making it the sixth state or territory to have some variation of this kind of legislation. The announcement shows that community health and common sense can override the vested interests and powerful lobbying of Big Tobacco.
While New South Wales has been late in introducing these laws compared with other states, the legislation will be one of the most comprehensive.
NSW Health Minister Jillian Skinner said the legislation – covering smoke-free children’s playgrounds, sporting fields when sports are being played, and covered bus shelters and taxi ranks – will be introduced in the spring session of parliament. The bans for smoking in commercial outdoor dining areas will come into effect in 2015.
Legislating for smoke-free outdoor areas is an important advance in reducing society’s entanglement with tobacco. As we have come to understand more about cancer, tobacco and the effects of second-hand smoke, there’s been a gradual shift in how society has viewed smoking. We have gone from a cigarette love affair in the 20th century, where Australia resembled a scene out of the heavy-smoking television show Mad Men, to viewing it as a potentially deadly habit with no benefits.
Thirty years ago, smoking in the workplace or on public transport was fine. Now, we wouldn’t even consider it.
The change in New South Wales started at the grassroots level. Some local councils took the initiative (even before smoke-free laws were introduced in other states) to go smoke-free in outdoor areas, such as parks and bus shelters, demonstrating its feasibility. Similar moves have been made in Victoria by local councils that have banned smoking in public places, such as playgrounds and outdoor eating areas.
Following the example set by local councils, some New South Wales café owners decided to ban smoking in alfresco dining areas, prioritising the health of their customers. In fact, a survey commissioned by the Cancer Council NSW showed eight out of ten café and restaurant owners believed that the smoke-free dining decision should not be left to councils, but should be legislated by state government.
The rest of the community also wants this type of legislation; a Newspoll survey conducted in New South Wales in February 2011 found four out of five people support smoke-free outdoor dining and more than nine out of ten adults believe playgrounds should be smoke-free.
So the New South Wales government is merely reflecting community sentiment with its announcement about the legislation, and there are strong grounds for other governments to do the same.
No doubt there will be the usual cries about the nanny state from those with a vested interest in perpetuating tobacco use. But let’s consider some of facts.
Smoking is a known carcinogen that, to put it bluntly, kills. Breathing second-hand smoke is not just an unpleasant experience, it can also lead to serious life-threatening health problems, including cancer, heart disease and asthma. So it makes sense to not expose our kids to second-hand smoke when, for instance, they’re playing in parks or playgrounds.
And for those wanting to give smoking up, it’s that much more difficult to quit when surrounded by smokers in playgrounds or while enjoying an alfresco meal.
Businesses can be reassured that the announcement will be good for them; the 2008 New South Wales population health survey showed that for every person who objects to smoke-free dining, seven people favour the move. This means smoke-free dining is good for health, good for dining and good for business.
Soon smoke-free outdoor areas will be a normal part of life. Cigarettes will be out of sight and hopefully out of mind. Kids can play in a smoke-free environment and meals can be enjoyed without a side order of smoke. And that’s a cause for celebration.
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Comments (7)
Peter Fox
(logged in via email @gmail.com)
Thanks Andrew. It's been a long time coming, but hopefully this state-wide legislation sticks up for the 82% of the population that don't smoke.
One of the other problems with allowing councils to legislate is that the higher socioeconomic status councils are more likely to introduce al fresco smoke-free dining, whilst the lower SES areas are neglected (as is the case in Sydney).
Train stations are another problem, and I didn't see any comment about this in Jilian Skinner's press release…
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Jenny Mountford
Community Nurse (logged in via email @sghs.com.au)
We can only hope that smoke-free areas continue to expand to protect the non-smokers from cigarette smoke and try to protect smokers from themselves and the criminally insane Big Tobacco.
I think there should be a 500 metre smoke free area near any door or window. Try leaving the MCG before the end of the game. You need to hold your breath for 10 minutes while you get through the haze!
Remember spittoons [I'm too young but I’ve heard of them]. Butt receptacles will go the same way.
Colin MacGillivray
Retired architect (logged in via email @gmail.com)
A very logical and correct point of view. But it still makes me smile to see coffee drinkers seated in pavement areas adjacent to a busy main street breathing in vehicle fumes but with smoking verboten. Any research on vehicle fumes and cancer?
Andrew Penman
(CEO at Cancer Council NSW)
Colin, there is evidence that a. diesel fumes and b. benzene (in petrol) causes lung cancer and leukaemia respectively. It probably contributes to a small part of the excess of cancers in men compared to women (most of the difference is lifestyle!). But, for example, the effect of tobacco smoking is thousands fold greater as a cause of lung cancer in Australia and engineers are reducing exposure. I think the sensible course is to start with the things that are really big.
Andrew Penman
(CEO at Cancer Council NSW)
Peter - my understanding is that open railway platforms will be included in the legislation as well as taxi stands. Sure we need to go much further. Can you work with us to turn a much greater spotlight on the retailing of tobacco to fill in the steps between it being sold alongside the lollies and chocolate and where your vision would take us.
Bruce Moon
Bystander! (logged in via email @imap.cc)
Andrew
You asked for vision...
As a Queenslander, some years ago I approached my state health Minister and asked that the retail purchase of tobacco products be undertaken via a license scheme.
And, that a bi-annual licence to purchase tobacco initially be issued free to all smokers applying for same (with a GP certificate stating the person is currently a smoker),
And, that anyone under the age of 18 (upon license scheme introduction) could register as a tobacco user - but not be provided…
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Seán McNally
Market and Social Researcher (logged in via email @amrsydney.com.au)
Andrew, good article.
These changes are a slow time in coming for something that has almost universal support. What would be great to see is the current smoking levels. The '17%' figure has been hanging around since 2009 and since that time we have had increased taxation, increased restrictions plus a rise in cost of living. Hopefully this events have lowered the rate closer to 15%, which would be lower further once the new restrictions are in place. A smalelr smoking population reduces any economic hardship argument by the smoking industry and their advocates.