In July 2007 NSW has joined most other states in Australia in banning indoor smoking in public places within licensed venues. In an effort to protect workers and patrons for the negative impacts caused by passive smoking the NSW government has established the NSW smoke-free Environment Act.
The smoking ban only applies to indoor public place and smoking is still aloud in alfresco and open air areas. However, there is considerable debate over what constitutes (or more precisely, what should constitute) an outdoor area. The governing legislation offers calculation on how to determine the correct percentage of open air space however the same legislation also considers a cafe umbrella a fix wall. Let's consider the following example. If an establishment has an outdoor area and they decide to install cafe umbrellas than the umbrellas will then constitute the ceiling at there lowest point, which changes the percentages of open air spaces and the establishment's outdoor area might not comply with the legislation. Therefore it must be a non smoking area.
The NSW public health units who are authorised to inspect and enforce the smoking legislation and investigate complaints also have questions about the merits of parts of the legislation (unofficially of course). And considering the monetary penalty for failure to comply with the legislation it is general opinion within the industry that the government must address the gray area within the legislation.
The following list the fines applicable.
* Smoking in a smoke free area - $550
* Allowing a person to smoke in a smoke free area - $1100 to $5000 (occupier)
* Failure to display signage - $550 (occupier)
This new legislation has far reaching consequences for both the large and small licensed venues within NSW and those venues that have planned, invested and implemented strategies in order to soften the blow will come out on top. So what does this mean to you the employee or prospective employee? Venues such as club, pubs and night clubs will definitely feel the impact with an estimated decrease in gaming revenue between 7% - 12% with no sign of recovery within 2 years. This means jobs that can offer progression opportunities, training and advancement will become harder and harder to find because these venues will be assessing every area of their business in order to reduce cost and trying to recover potential lost earning.
However, do not be disheartened. There will always be opportunities out there, you will have to look harder for them and you will have to be a little more homework before you change companies. The hospitality industry is very resilient industry and can offer good employment prospects even during these trying times.
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